Legal Question in Discrimination Law in Maryland

Can shop owners do this?

Are shop owners allowed to limit the number of teens in their store? I would think that this would be some kind of age discrimination.

Thanks.


Asked on 3/23/04, 3:46 pm

2 Answers from Attorneys

Re: Can shop owners do this?

I can't answer definitively without more information, but the policy is probably acceptable. First, age discrimination laws generally protect older people, not teens. Second, the policy is probably not age-based but rather designed to keep control of the store, guard against theft, etc.

Put yourself in the shoes of the store owner who needs to protect his/her store and merchandise, as well as all the customers, and you can see the other side of this coin.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 3/23/04, 4:15 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Can shop owners do this?

The action is perfectly permissible. "Teens" are not a recognized

class for purposes of your issue. The store owner has a reasonable need

and is not being overly broad in applying a protective measure. Local zoning may be specific to permit the activity.

Age discrimination laws are based on protecting older people, namely those over 40 years old.

Recently legal analysis is being applied to discern whether this is a form of reverse discrimination.

Emerging judicial thought on the matter is that the age discrimination laws may be a form of reverse discrimination that

is supported by legislation and the courts. Soon many challenges may be brought as the baby-boomlet (that is children of the baby boomers) come of age and bring challenges.

You should consider writing about the issue and raising interest with your peers. Change happens slowly but without a sponsor no change occurs.

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Answered on 3/23/04, 4:26 pm


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