Being banned from a place of business

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Latest post 04-12-2013 1:53 PM by emlowe. 10 replies.
  • 04-11-2013 5:56 PM

    • emlowe
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    Being banned from a place of business

    I am being threatened with being barred from a place of business (actually my entire family) if I continue to use the services of an independent contractor with whom the facility had a disagreement (that contractor has already been banned). Do I have any recourse other than to stop using either the contractor or the facility. Does the contractor have a legal argument that the business is hindering their ability to work by essentially threatening clients? This is in California.

  • 04-11-2013 6:02 PM In reply to

    • Drew
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    Re: Being banned from a place of business

    My guess is that a place of business or site owner can direct you not to come there and have you arrested for trespassing if you do.  They can probably do so for any reason or no reason --just so land as they don't get entangled in race,sex, national origin etc  issues

    Stay out and avoid trouble---

    A place of business is not a public meeting place  and to debate the point may prove costly .



  • 04-11-2013 6:11 PM In reply to

    Re: Being banned from a place of business

    The basic rule in the U.S. is that private business may refuse to do business with anyone for any reason except for reasons that amount to illegal discrimination (e.g. because of the customer's race, religion, disability, etc). There are some exceptions to that, for example utilities that provide essential services like electric and natural gas for homes generally must provide service to everyone who will pay for it and hospitals must provide emergency medical care to anyone in an immediate life threatening condition. Similarly, starting January 2014, health insurers will be very limited in the reasons they may reject persons for health insurance under the Patient Protection and Affordable Care Act (PPACA, otherwise known as "Obamacare"). Outside of those narrow exceptions for what I'll call essential life needs, however, a private person in business may generally choose with whom he'll do business so long as he doesn't engage in illegal discrimination.

    That said, CA is a state that tends to legislate on matters that most other states don't so it may impose more restrictions than most other states do. Without knowing the kind of business it is, it is difficult to provide you any specific answer. You might want to see a California consumer rights lawyer or ask the Calfornia Department of Consumer Affairs. 

  • 04-11-2013 6:22 PM In reply to

    • DPH
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    Re: Being banned from a place of business

    emlowe:
    I am being threatened with being barred from a place of business (actually my entire family) if I continue to use the services of an independent contractor

    Out of curiousity, what type of business and how would they know if you're using the services of a particular contractor?

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-11-2013 6:33 PM In reply to

    • emlowe
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    Re: Being banned from a place of business

    Well, in my case, based on past associations - but given that a place of business pretty much has complete authority to ban whoever -  they don't have to know - they only have to suspect - in fact, they even don't have to suspect it. It doesn't have to be reasonable. They can ban me for driving a Toyota if they wanted to.

    I was thinking that since they are hindering the livilhood of a third party, CA would take a dim view on the anti-competition aspect of that. (Typically in CA, non-compete clauses are no enforceable)

    Of course, they would probably ban me for just posting this

    It is a sports facility, they only one of it's kind in the area.

     

  • 04-11-2013 6:55 PM In reply to

    • Drew
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    Re: Being banned from a place of business

    Banning somebody because they are an associate of yours in some fashion may not be "nice" but so far I haven't seen an illegal step. I dont see the restraint of trade point..now if this was denial of admitting privileges to the only hospital for 200 miles over some unrelated feud..that might be different.



  • 04-11-2013 7:44 PM In reply to

    • DPH
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    Re: Being banned from a place of business

    emlowe:
    I was thinking that since they are hindering the livilhood of a third party

    How does your being banned hinder a 3rd party?  Don't see it.

    emlowe:
    It is a sports facility, they only one of it's kind in the area.

    Sounds like an opportunity for another sports facility to move into the area.

    emlowe:
    It doesn't have to be reasonable.
     

    You answered your own question.  They are allowed to be stupid.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-12-2013 12:01 AM In reply to

    Re: Being banned from a place of business

    California law prohibiting noncompete clauses pertains to contracts.  But there may be other issues this practice implicates, such as tortious interference with an agreement.

    California noncompete and employment law - http://noncompetehelp.com

  • 04-12-2013 12:15 AM In reply to

    • emlowe
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    Re: Being banned from a place of business

    Yes, thanks for the comments. I was quite sure there was little do to, as an owner can be as arbitrary as they want except for protected groups.

    In this instance I believe the owner is using his ability to ban people as a means to enforce a non-compete clause. Legally they have no means to enforce it, and technically they aren't as alternatives do in fact exist. The alternatives however are exceptionally "inconvienant" for consumers and so by threatening to ban people they can force them to not use services of the party they wish to enforce the non-compete with. 

    If any of that makes sense.

  • 04-12-2013 1:44 PM In reply to

    • Drew
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    Re: Being banned from a place of business

    Its very hard to follow you post --

    But if Upper Crust Tennis Club was to bar people from playing who shopped at ex Tennis Pro  Henry's  Racquest Sports equipment shop he open when he departed Upper Crust --that form of  restraint of trade might run afoul of state antitrust  laws but thats probably an exceedingly difficult  point to pursue in the courts or with any state level agency as to restraint of trade.



  • 04-12-2013 1:53 PM In reply to

    • emlowe
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    Re: Being banned from a place of business

    Yes your analogy is a good one.

    Thank you for your comments

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