Legal Question in Discrimination Law in Michigan

Descriminating Signs at Stores

Is it constitutional for a store to post a sign outside of it stating that only 2 or less students are allowed in at one time?

If it is constitutional, than is it constitutional to place the same sign limiting african americans or the elderly?

If it is unconstitutional, what is the common punishment? For example, a fine?

Please give me any information that might be useful. Thank You!


Asked on 3/17/03, 9:48 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: Descriminating Signs at Stores

The practice dos not violate any statute. The statutes dealing with age discrimination only limit it to employment situations. As far as constitutionality is concerned, constitutional claims only involve the power of the state versus the individual, not two individuals against each other (a store is an individual). Therefore, there is nothing you can do about the practice except not do business in the store. Bill Stern

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Answered on 3/18/03, 4:43 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Descriminating Signs at Stores

It would be constitutional for all of those things, but it might not be lawful. There is no constitutional doctrine that would prevent the signs you have suggested. However, various state and federal anti-discrimination laws might very well limit the application of the policies.

While it might be rational and permissible to limit the number of students in a store (on the basis of loss-prevention, for example), one could not apply that policy in a racially improper way. One could not exclude african-americans and allow hispanics or caucasians. Prohibiting the Elderly might be rational if there was high traffic and the number of fast-moving people presented a risk of injury to the elderly, but it might also be a serious violation of anti-discrimination laws as to the elderly as well.

Generally local and state laws provide much more definitive protection for the elderly than do federal laws. Federal laws provide more protection for race and ethnicity.

If you know of signs that restrict entry on the basis of race, you should probably bring those to the attention of the state human rights agency. That number can be obtained from the Federal Equal Employment Opportunity Commission (EEOC) in Washington DC.

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Answered on 3/18/03, 9:15 am


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