Legal Question in Discrimination Law in California

refused service at a bar - discrimination claim in CA?

I'm a 40 y/o female. Last night I went to a bar in the small town where I live with a group of friends. Unknown to me, the manager and one of my friends have a personal disagreement arising from an incident that occurred years ago outside this bar. The bar manager rudely told my friend to leave and kicked me out as well, just for being with this person, without explanation. Although my ''cover'' fee was returned, the bar manager told the bouncer never to allow me in again. I am very embarrassed and upset by this. Should I file a claim with the California Dept. of Fair Housing & Employment?


Asked on 4/05/09, 2:37 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: refused service at a bar - discrimination claim in CA?

You'd be a fool to complain. Just let it go.

"We reserve the right to refuse service to anyone" is surely posted on the premises of this establishment, and it's TRUE.

They CAN. They can throw you out for any reason, or for no reason. As long as it's not discrimination against you on the basis of some unlawful reason... such as race, gender, national origin, etc.

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Answered on 4/06/09, 12:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: refused service at a bar - discrimination claim in CA?

No; your complaint would have nothing to do with housing or employment. At most, you have a private cause of action for ??? - some kind of tort, maybe intentional infliction of emotional distress - but what are your damages?

Private businesses can refuse to deal with anyone for any good reason, or for no reason at all, but not for a bad reason. "Bad reasons" are limited to things like the person's race, religion, national origin, gender, and a few other protected classes.

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Answered on 4/05/09, 3:42 pm


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