Legal Question in Business Law in California

Re: Banning of Customers

It depends on the reason. For example, you cannot ban someone for race or religion, but you can ban smokers.

Re: Banning of Customers

The right of a business establishment to refuse admission, or to refuse to do business with, particular individuals, is the general rule.

The right is limited in several important ways:

(1) Exclusion cannot be based upon the excluded person's membership in a protected class, i.e the business cannot refuse to do business based on religion, race, sex, etc.

(2) Businesses which are public utilities or public accommodations generally have to do business with all comers, but even this duty is subject the the utility's right to impose reasonable rules - i.e., a restaurant can require customers to wear shirts and shoes.

Re: Banning of Customers

The right to exclude certain people is one of the privileges of owning or leasing property. Businesses can exclude would-be customers in much the same way as homeowners can exclude would-be visitors.

Mr. Whipple and Mr. Koenen correctly note some important limitations on this right. But most of the time a business owner's decision to ban someone is perfectly legal. For example, a customer who has made trouble in the past or whom the manager has reason to believe will do so can legitimately be ordered to stay away. If he insists on coming in anyway he becomes a trespasser and can be removed by (reasonable) force and, in some circumstances, arrested.