Is It Legal To Ban A Customer For Eating Too Much

I'm in NY.
Is it legal for the owner of a buffet restaurant to ban a customer for eating too much?

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Quoting kamen555

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I'm in NY.
Is it legal for the owner of a buffet restaurant to ban a customer for eating too much?

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The answer is not a legally academic one. It is best not to walk a fine line and ban a customer for partaking in an all you can eat buffet.

An eatery is a public accomodation, and although a merchant generally has a right to refuse service to a patron which is NOT based on any protected class, religion, race, color, etc., obesity may be a protected class in your state???

Consult an attorney before making a legal decision that may haunt you later.

Let's assume arguendo, it is legal. Business may fall when word gets out that you are banning customers who eat what they pay for by contract.

I am assuming you are an agent/owner, or you may be this customer? I don't know which.

I'm an owner, from what I've heard from several forums, it is legal to do so. As for bad word of mouth, I'm not worry about that. I don't think these morbidly obese people have many friends.

You are not required to do business with anyone you do not want to, as long as you do not ban them for a legally protected characteristic. "Eating too much" is not a legally protected characteristic.

However, you are badly mistaken if you are assuming (1) that everyone who is morbidly obese is that way because of overeating and (2) that these people are essentially friendless. There are a number of medical reasons having nothing to do with overeating that can cause someone to be morbidly obese. I personally know a couple - have worked with them -and I can assure you that they are far from friendless. The ones I know also are no less hesitant than anyone else to mention it when they receive poor service.

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Quoting cbg

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snipped

You are not required to do business with anyone you do not want to, as long as you do not ban them for a legally protected characteristic. "Eating too much" is not a legally protected characteristic.

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I suppose I should have been more legally clear on the word obese. Someone who eats and eats is not necessarily going to be plus size or overweight. I know people who eat like crazy and hardly ever gain wait.

Obesity and discrimination in the employment area is more frequent.

As it happens, that's one I can answer since I work primarily in employment law which, as you mention, is where most discrimination laws are based.

Weight is protected characteristic only in Michigan. The District of Columbia protects personal appearance. If the OP is in any other state, the chance that obesity is a protected characteristic is pretty much zero.

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Quoting cbg

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As it happens, that's one I can answer since I work primarily in employment law which, as you mention, is where most discrimination laws are based.

Weight is protected characteristic only in Michigan. The District of Columbia protects personal appearance. If the OP is in any other state, the chance that obesity is a protected characteristic is pretty much zero.

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Are you saying there is only 1 state in the Union that bars discrimination due to weight/obesity??

This issue was once parodied in a Simpsons episode.

I think the biggest source of loss for buffets is probably bulimia, not obesity.

Are you advertising the buffet as "all you can eat"?

In the case of one large national buffet chain - they ended up providing 5 people with a letter and a ticket that allowed them to eat free for one year, for as many times they wished. The case never got to court.

If you advertise 'all you can eat' and make people leave for eating too much - you are sliding down the 'slippery slope'.

Are you saying there is only 1 state in the Union that bars discrimination due to weight/obesity??

Yes, that is exactly what I'm saying.

In SOME, but by no means all, situations, there MAY be protection for the morbidly obese under the ADA, but Michigan is the only state with a law specific to weight.

No it's not advertised as all-you-can-eat but I've mentioned it a few times to a few customers in the past. It's a self-serve buffet but there is no sign or statement that says all-you-can-eat.

What os the point of going to a buffet if you are barred from eating all you want? That's like teasing people and how would you determine if someone is eating too much? Are you going to weigh them before, during, or after their meal?

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Quoting cbg

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Are you saying there is only 1 state in the Union that bars discrimination due to weight/obesity??

Yes, that is exactly what I'm saying.

In SOME, but by no means all, situations, there MAY be protection for the morbidly obese under the ADA, but Michigan is the only state with a law specific to weight.

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Are you aware of any Municipalities/Political subdivisions that prohibit obesity discrimination? I know some states permit municipalities under thier Home Rule authority/Charter's to pass thier own minimum wage laws.

I'm not aware of any but that doesn't mean there are none. I've never had reason to dig any further than the state level.

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Quoting cbg

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I'm not aware of any but that doesn't mean there are none. I've never had reason to dig any further than the state level.

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Here is MI's:


http://www.legislature.mi.gov/(S(dk2...me=mcl-37-2102


Some research has shown that San Fransico is one city in which weight is a protected class. Even a persons height is considered, which would encompass anyone I suppose from 4'3" to 7'3".

SEC. 3301. POLICY.

It is the policy of the City and County of San Francisco to eliminate discrimination based on race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight or height within the City and County.



http://www.municode.com/content/4201...TML/ch033.html

So, what would happen if there was a sign stating it is an "all you can eat", but someone ate too much and was removed for such?

In Taiwan, you can eat all you want, but if you get more than you can handle, you'll have to pay a fine for having leftovers. I think thats an interesting concept because I've seen alot people trash good food because their eyes were bigger than the stomach.

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Quoting zedex

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So, what would happen if there was a sign stating it is an "all you can eat", but someone ate too much and was removed for such?

In Taiwan, you can eat all you want, but if you get more than you can handle, you'll have to pay a fine for having leftovers. I think thats an interesting concept because I've seen alot people trash good food because their eyes were bigger than the stomach.

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Read post #9.

I saw that, but I think offering more food isn't much of a resolve. Reason being that when these people take them up on that offer and become obese or have other food related illnesses, the resaraunt could be in more trouble for enticing the people to gorge themselves.

My response addressed the legal aspects, as that was the question asked. The "all you can eat" buffet chain was in business, providing a service to their customers. They settled quickly as they saw a no win situation for them.

Your point of view addresses the moral side of the story. It is not illegal to operate a 'all you can eat' buffet here in the U.S.

I'm not surprised that San Francisco has one, and frankly I'll be surprised if that proves to be the only municipality that has created such a protection. I just don't happen to know which ones have and have not; I've never had reason to know. San Francisco provides a number of protections not covered by state or Federal law.

My own state recently considered adding such protection but decided against it.