How doI challenge a ban from a local bar?

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How doI challenge a ban from a local bar?

About 5 weeks ago I was escorted out of a local bar for a verbal argument with another group of young males; there was no physical contact whatsoever.I gave my little cousin a hug and her boyfriend started talking trash to me and then the cops ran up to stop the argument. We were escorted out of the building and told to leave. We came back 3 weeks later and were allowed in. Then another 2 weeks later we went back and were not allowed in. The bouncer said that Iwas banned. So I asked to speak with a manager we proceeded to tell me that since I had a problem with the bouncer I was not allowed in.

Asked on September 3, 2010 under Business Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is a delicate balance between the right of a person to be served - whether it comes under the Federal Civil Rights Act or Americans against Disabilities Act and their state counterparts - and the right of a business owner to refuse to serve someone for a "legitimate business reason."  If you are not a "protected class" under the federal laws that  guarantee service (remember the refusal to serve Black patrons not too long age") then the business owner has to prove a legitimate business reason to not serve you.  Th refusal can not be "arbitrary" .  Disruptiing patrons can be a legitimate business reason.  There is a saying that your rights stop at the nose of the other person.   You may need to prove that what happened will not happen again.  But I think that the bouncer will have to be won over on this issue is he is acting as the agent of the owner here.  His "job" is to keep peace, so to speak.  Good luck.


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