Right to Refuse Service

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Latest post 12-07-2011 3:42 AM by Taxagent. 11 replies.
  • 11-15-2009 8:42 PM

    Right to Refuse Service

    I have been going to a local skating rink in Springfield Oregon for many years. Recently something happen between the manager and I outside of the rink. His wife and I had an affair. I know I was completely wrong in the choice I made and I am at fault in choosing to do this. It's all in the past now and I can't go back and change my actions. Regardle... my actions, the manager found out and he is refusing server to me at the skating rink. He will not let me go. They tell me I'm not aloud to be there and if one of the employees&nbs... me in one of the evening managers tell me I have to leave and I'm not aloud there anymore. My question is; is this legal for a business that provides a service to the public to refuse server to someone that hasn't done anything wrong at the business. I understand the manager no longer wants me there because he doesn't like me and what I did, but is it legal for him to refuse service to me because of a personal issue he has with me? 

  • 11-15-2009 8:55 PM In reply to

    Re: Right to Refuse Service

    "I understand the manager no longer wants me there because he doesn't like me and what I did, but is it legal for him to refuse service to me because of a personal issue he has with me? "

    Yes.  A private business can ban anyone they wish from the premises for any reason as long as isn't based upon a protected characteristic like gender, race, ethnic background etc. 

    Having affair with his wife is a perfectly legitimate reason for him to refuse to allow you back inside his business.  You have no legal right to go skating.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 11-15-2009 9:46 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,920

    Re: Right to Refuse Service

    The owner of the rink might have a different view of manager turning away paying customers just because the manager has a personal dislike of the customer --so ask the owner?



  • 11-15-2009 10:24 PM In reply to

    Re: Right to Refuse Service

    I agree.

    It's up to the owner to set those rules, not the manager.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-16-2009 12:17 AM In reply to

    Re: Right to Refuse Service

    adjuster jack:
    It's up to the owner to set those rules, not the manager.

    The manager is the agent of the owner; unless and until someone higher up in the company says otherwise, the manager can indeed bar the poster from stepping foot onto the premises. The poster can complain to the owner, but I rather think that if the owner likes the manager at all, he'll back the manager and the poster will have to stay out. Losing one customer at a place like may be of little consequence if they can keep a good manager. But, the poster is free to try approaching the manager and see what that gets him.

  • 11-16-2009 9:00 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,920

    Re: Right to Refuse Service

    If this is a rink owned and operated by a unit of government the site manager may not have such powers?



  • 11-16-2009 12:28 PM In reply to

    Re: Right to Refuse Service

    ClydesMom:
    You have no legal right to go skating.

     

    I've never heard it called that before. Ok

  • 11-16-2009 12:33 PM In reply to

    Re: Right to Refuse Service

    PattyPA:

    ClydesMom:
    You have no legal right to go skating.

     

    I've never heard it called that before.

    You have no right to happiness, either.

    Only the right to pursue it.

    There's no guarantee that you'll attain it.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-16-2009 12:44 PM In reply to

    Re: Right to Refuse Service

    Thank you all for the helpful information. 

  • 11-20-2009 12:41 AM In reply to

    Re: Right to Refuse Service

    Drew:
    If this is a rink owned and operated by a unit of government the site manager may not have such powers?

    Actually, he probably does have the power to bar people from the premises, too. I'd be surprised if he didn't. Whether his barring of the poster would be a violation of any of the poster's rights is another matter. Denying access to government owned facillities open to the public is less discretionary than for privately owned facilities.

  • 12-07-2011 1:32 AM In reply to

    • BillSF9c
      Consumer
    • Not Ranked
    • Joined on 12-07-2011
    • CA
    • Posts 1

    Re: Right to Refuse Service

    This says I am a "consumer." Well, beware jail-hiouse lawyers... But all the same, I am trained in some law; but far more critically, trained in discernment. In addition, having thje need, I've just researched a nearly similar issue. The bottom line is that many of these laws have been repealed or "adjusted" many times in bery recent years.

    Discrimination must be for cause. It must not violate certtain issues/persons. And it must not be personal. Were he to fear health or harm from you, he may have cause. He has easier venues to dissuade you, than this ill-concieved attempt. A cop would liekly back him up for the sake of peace, fearing his reprisal against you, were you to be allowed in. But in court, he would lose. My basis may be tilted a bit towards CA law, but most fed law is similar.

    BillSF9c

  • 12-07-2011 3:42 AM In reply to

    Re: Right to Refuse Service

    BillSF9c:
    Discrimination must be for cause. It must not violate certtain issues/persons. And it must not be personal.

    The principles of law that I and others discussed in this thread (which is now over 2 years old) were correct. If the rink was privately owned, the owner does not need "cause" to prohibit someone from his property. He can kick someone out of his establishment just because he has a "personal" issue with the person.  This is true even in the fairly liberal land of (the People's Republic of) California. What the owner cannot do is engage in illegal discrimination (e.g. discrimination based on race, religion, sex, etc.).

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