In a restaurant he was asked to leave. His lawyer is planning to sue. Was the restaurant owner right or wrong?
OJ was found not guilty by the legal system. All that means is that
the government must treat him as innocent. This does not apply to
private citizens. Big difference!
Still, the owner might want to put out a sign: No murderers allowed!
Uh-oh. That could get the owner busted for slander! OJ is not a "murderer" because he was found not guilty by the government's own legal system, and the government gets to define who's a murderer and who isn't. If anyone calls OJ a murderer in print, it would be just like calling anyone else a murderer who isn't. It's slander and it's a crime.
Sure. but what if he rejects people based on race or sex? Why is it different than rejecting based on criminal history?
Because the guy has no criminal history! He was found not guilty by a jury of his peers!
Mind you, I am arguing here philosophically. I bet if the owner refused to serve old people his ass would be sued to hell....So the anytime for any reason doesn't always apply. So no, there are groups of people whom can NOT be denied, like based on age (too young is OK) gender or race or nationality.
These "protected groups" are specifically defined in legislation. America has been wrestling with this for decades and we have reached a very uneasy compromise that we are not allowed to discriminate against people because of their ethnicity, religion, gender, and with more exceptions age, and with uneven enforcement sexual orientation. All other discrimination is more or less legal.
I assume there could be a huge difference between a private restaurant and a restaurant in a chain. (publicly traded)....
Not in terms of the law, but certainly a big corporation would be more vigorously prosecuted.
True, but that doesn't mean it wouldn't be a frivolous lawsuit. Anyone can file a lawsuit against anyone for any reason. That doesn't mean that the lawsuit is valid or not ridiculous. I mean, take that stupid bitch that won the lawsuit against McDonalds because she burned herself with HOT coffee.
I see someone else clarified this later on, but to add more details:
- McDonalds knew that its coffee was a full twenty degrees hotter (11C) than anyone else's. That is some really damn hot liquid to hand somebody without a warning, especially knowing that people commonly set it in their laps and go bouncing off down the road in their cars.
- They had already settled seven hundred cases of similar injury.
- They never consulted with a burn specialist.
- Stella was 78 years old and had never sued anyone in her life.
- All she asked for was straight reimbursement for her medical expenses.
- She only added punitive damages because McDonald's stonewalled this rather reasonable request.
I often wonder how a litigation attorney gets around "We reserve the right to refuse service to anyone at anytime for any reason"
Easy. All you have to do is look at the Supreme Court decisions for the past 75 years. The Constitution means nothing any more. The government can do whatever the hell it wants, so private citizens figure maybe they can get away with it too.
From what I understand, O.J Simpson wasn't found guilty of murder in a criminal court. It couldn't be established beyond all reasonable doubt that he was guilty. He was successfully sued in a civil court. On the balance of probabilities. Big difference, folks
More clearly,
civil courts render
civil judgments. By definition they do not render
criminal judgments. A person who loses a civil lawsuit is not a criminal
by definition, and therefore has
no criminal record.
OK, how about if I don't serve blonde people? Certainly, one's haircolor can be changed if they want to eat in my restaurant.
That is probably okay. Blonde people are not protected against discrimination by law. If you discriminate against them because they are of Nordic ethnicity, then you're crossing the line. You'd better also discriminate against black, Latino, and Asian people whose hair is blonde from dyeing or an accident of ancestry.
Or let's say I don't serve lawyers.
I would say that must be legal. On the other hand, as a practical matter you're going up against the legal profession itself. It just doesn't sound like a sensible idea to me.
Also there was a pharmacist, who refused to sell an abortion pill to a teenager...
We've recently had to start sorting out the conflict of people who refuse to perform their job duties because of what they claim are the mandates of their religion. Since the miscreants are have always been Christians and America refuses to rein in Christianity's abuses, naturally they usually get away with it. Now that Muslims are trying it, it will be interesting to see if we are as kind to them. In Minneapolis, Somali taxi drivers have refused to pick up airport passengers with liquor in their luggage. In NYC, some Muslim taxi driver refused to pick up a blind lady because she had a guide dog and he thinks dogs, who have been our beloved companions for 15,000 years, are too dirty to live among us.
Let's see. Maybe I'm a Rastafarian and my religion requires me to smoke dope every night. My boss requires me to take random piss tests and he fires me because I turn up positive. Will the law be as kind to me as it was to the Christian pharmacist who refused to stock the "morning-after" pill, resulting in a woman becoming pregnant because it was Friday night in a small town and every other pharmacy was closed until Monday morning?