Under what circumstance can a business legally refuse service to a certain people?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Under what circumstance can a business legally refuse service to a certain people?
I was wondering if it is possible to open a B&B, but make it private. If you want to refuse service to certain types of people, how could you do it legally? Would it work to state on the website that say you only cater to married people, or single people, but not unmarried couples or homosexuals? Or would the best route be to start a private club that only admits the kind of people you want? How can you legally refuse service?
Asked on December 21, 2010 under Business Law, Pennsylvania
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Private associations located on private property can limit the types of membership it allows (i.e. demographics, gender, age, etc) as long as it is not opening itself to the public. Think exclusive clubs for sports. However, many courts have ruled that the same does not apply to hotels and restaurants, who do actively open themselves to the public. A bed and breakfast can be seen as a melding of the two and probably won't allow you to simply discriminate (limit) because you choose to do so. Consult with an attorney who handles such matters for others (constitutional law lawyer or civil rights attorney). Through consultation, you may find the exact answer for your state.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.