legal options for being asked to leave.

[BADWOLF]

OK here goes if you open carry with a LTCH let's say in Starbucks' and the manager says I'm sorry you have to leave with that handgun. And you honer the request to leave. could you then turn around and sue Starbucks for discrimination

1. Since they are open to the general public. And not a private club or anything like that.
2. Denial of service to a law abiding citizen.
3. I would have on a shirt & shoes to comply with health laws.

What would be their legal reason for denying service?

This was a question from a friend that I really didn't have a clue as to the answer.

 

[abnk]

They don't and shouldn't need a legal reason.

 

[jwh20]

You can basically sue anyone for any reason and yes you could sue Starbucks if you wanted to and you had enough money for the legal fees. Would you win? Even if you did, would it be worth the cost? Starbucks is private property and in general a private property owner can set the rules for his "castle". But it can get more complicated when you are asked to leave for no good reason. Discrimination is often in the eye of the discriminee. (I think that's a word??)

If it were me, I'd take my business elsewhere but I suspect you're asking a hypothetical here.

 

[jbombelli]

You could sue, but you likely won't win.. You don't have any basis for a discrimination suit that I know of.

 

[KUJO2388]

I know this isn't the way it works. But I believe that a private business that is not part of any level of government should be able to tell anyone they want to leave and choose who they want to do business with. The people can then choose if they want to do business with that business.

 

[Kirk Freeman]

What would be their legal reason for denying service?

Because they can. You ain't a protected class like in Heart of Atlanta. Out you go.

 

[BADWOLF]

But I will add on isn't their a legal difference between a privately held company and a publicly traded company. As far as being open to the general citizenry I mean I could walk in to Starbucks in my hi-viz orange shirt and the manager looks at me and says I'm sorry but we can't have you in here with that colored shirt and you need to leave

 

[BehindBlueI's]

No different then a dress code. You can comply with the rules and do business or you can leave.

 

[Kirk Freeman]

As far as being open to the general citizenry I mean I could walk in to Starbucks in my hi-viz orange shirt and the manager looks at me and says I'm sorry but we can't have you in here with that colored shirt and you need to leave

Right, leave.

 

[foszoe]

Open Carry. Business not posted. Asked by manager to leave. Refusal to immediately comply is trespassing.

I think.

 

[ATM]

The freedom to discriminate should not be infringed.

 

[eldirector]

Unless you are a super-citizen (protected class), you can be ask/told to leave for any or no reason at all. Even if you ARE a super-citizen, you can still be asked/told if you violate any policy they have (posted or not). I've known Law Enforcement Officers to get tossed.

 

[BADWOLF]

Privately held companies I believe should have that right. But once you become a publicly traded company on the NYSE, gone is that defense you are now PUBLICLY OWNED......

 

[jbombelli]

Privately held companies I believe should have that right. But once you become a publicly traded company on the NYSE, gone is that defense you are now PUBLICLY OWNED......

You're not publicly owned - you're publicly traded.
You're owned by investors, not "the public".

And your biggest investors are probably going to be the executives.

 

[Dead Duck]

They can kick a cop out if they wanted to. Edit-eldirector just duped me.

Now if you were GOC - gay and open carrying, you might have something. (but only if you were wearing sensible shoes)
This all might depend on what you're ordering also.




If I owned a store, I would only kick out OCers wearing uncle mike's holsters.

 

[Reagan40]

Privately held companies I believe should have that right. But once you become a publicly traded company on the NYSE, gone is that defense you are now PUBLICLY OWNED......

It doesn't quite work that way. If I have a company, and I decide to "go public", that does not mean that it is publicly owned. I may retain 75% of the stock and be the majority owner. Even if I don't, the stock holders own the company, not the public. Not all stock holders in a company have voting rights within the company. If you own 100 shares of GE or Apple, your opinion really doesn't matter to those running the company. You have no say in operations. Even though you own some stock. To try to take a companies control of their property or operations because they sell stock would be similar to telling the guy who owns his own gun shop that he can no longer sell guns in his building because he has a mortgage on the building, and the bank that holds the mortgage doesn't want him to sell guns there anymore.

Let a business do as it chooses. If you don't like their policies, don't go there.

 

[BADWOLF]

They can kick a cop out if they wanted to. Edit-eldirector just duped me.

Now if you were GOC - gay and open carrying, you might have something. (but only if you were wearing sensible shoes)
This all might depend on what you're ordering also.




If I owned a store, I would only kick out OCers wearing uncle mike's holsters.

Lol I can understand the uncle mike's

 

[BADWOLF]

Good answers, I will pass it along....

And just FYI I don't go to Starbucks. To much $ for sucky coffee.

 

[Kirk Freeman]

But once you become a publicly traded company on the NYSE, gone is that defense you are now PUBLICLY OWNED.

You misunderstand corporate law.

Sole proprietorship, partnership, LLC, incorporated, inter alia, if you are asked to leave because you are carrying a gun, you leave.

Your legal option is not to go there again.

 

[iChokePeople]

You just have to buy a share of that company's stock. Then you're an owner and they can't ask you to leave anymore.