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Legal Q & A: Denied entry to a store…

Started by Shana A, October 20, 2012, 08:13:56 AM

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Shana A

Legal Q & A: Denied entry to a store...

http://www.transgenderlawcenter.org/archives/2171

Question:
I was recently denied entry to a store by the clerk explicitly because I am transgender. When I questioned their judgment, the manager told me it was legal because there was a posted sign that read "We reserve the right to refuse service," and because they were a private business. Was their denial of entry legal?

Short Answer:
If you live in California, no. if you live elsewhere, it may depend upon the laws of your state and other related federal laws.

Long Answer:

(1) What are Public Accommodations?
Public accommodations include are businesses and other entities that are open to, or offer services to the general public like hospitals, movie theaters, parks, sports arenas, libraries, etc . In some cases, even privately owned businesses that offer certain types of goods or services can be public entities. Both private businesses and government entities can be public accommodations subject to state antidiscrimination laws. Religious organizations, however, are generally not considered places of public accommodation and are not subject to state antidiscrimination laws – except in California where public accommodation laws do not exempt religious organizations that are not engaging in religious services.
"Be yourself; everyone else is already taken." Oscar Wilde


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