Legal Question in Military Law in Texas

Re: Personal Rights

One does not have the full range of individual civil rights while under military jurisdiction that one has when not. The military is more restrictive because of the nature of its mission and the proposition of national security.

While on a military installation you are subject to the rules of that installation, whether you are military or civilian, even though those rules may seem overly restrictive to you. Dress code is clearly military jurisdiction, and the military dictates the mode of dress for everyone all the time. It is part of what the military does.

You will have to abide by their rules so long as you live within their jurisdiction and, when you no longer do, then you are no longer governed by them.

Good luck. There are worse problems.

Re: Personal Rights

NOTE: This is a general answer to the questions that you raised. It is not an agreement to represent you, nor is it a solicitation for business. Without entering into an attorney-client relationship, we cannot provide specific, detailed legal advice.

That having been said, I disagree slightly with the prior answer which is correct in generalities. However, there are some missing facts: for example, were you ever "warned" about the dress code in the past, is there some form of "notice" prominently posted informing potential patrons of a dress code, etc.?

Generally, to be enforceable, a dress code that applies to civilians must be reasonable [requiring women to wear skirts, for example would not be reasonable for a commissary], non-discriminatory [men may wear shorts, women may not = gender discrimination AND unreasonable], and not be subject to the individual discretion of the "dress code monitor."

I suspect, that the latter is where your problem lies, but you did not specify what or why they denied you entry other than just because of your outfit.

If you believe that you were selectively and unfairly discriminated against, you have the right to file a written complaint with the Chief Commissary Officer on the installation, or up their chain of Command. Check with the Commissary Office as they may have a Form that they want you to use.

Second, you always have the right to file a written complaint with the Installation Commander. But, consult with your spouse, as you do not want to do anything that will put him/her in the "hot seat."

Finally, you always retain the right to complain to your U.S. Congressperson or U.S. Senator - Constitutionally, the Dept of Defense, to include the Commissary Agency, is both subject to Civilian Control, and also funding.

The irony, and I suspect frustration in your case is that you could go into the BX where women on the cover of Cosmo, Playboy or whatever are letting it all hang out, while some prudish, do-gooder excerts some "power" over you because they didn't think you were dressed properly.

If I can be of any further assistance, please contact me.

Donald G. Rehkopf, Jr.

Attorney at Law

[email protected]

Re: Personal Rights

The Base Commander for the installation sets the dress code for the base. Although the Commissary is a different chain of command, I believe that the place to start is a DIPLOMATIC call to the Base Commander's Staff Judge Advocate. In my experience, MANY installations will not permit shoppers who are attired in PT gear, even though there are many in society today who believe that it is acceptable attire anywhere.