Are Restaurants or Companies Allowed to Deny Services Based on Race ?
The question of whether restaurants or companies are allowed to deny services based on race is a contentious and important issue that intersects with both legal and ethical realms. In a society that strives for equality and justice, it’s essential to understand the laws and principles that govern this matter. This article explores the topic, delving into specific laws that protect against racial discrimination while considering the nuances of individual rights and freedoms.
The Short Answer
No. Under federal law, restaurants, bars, hotels, theaters, and many other businesses open to the public cannot refuse you service, treat you worse, or ask you to leave because of your race or color. Two federal laws do most of the work: Title II of the Civil Rights Act of 1964, which covers places of public accommodation, and 42 U.S.C. Section 1981, which protects your right to make and complete purchases and contracts and allows you to recover money damages.
Anti-Discrimination Laws
In many countries, including the United States, anti-discrimination laws exist to prevent businesses from denying services based on a person’s race. One of the most significant pieces of legislation in the U.S. is the Civil Rights Act of 1964. This landmark law prohibits racial discrimination in public accommodations, which includes restaurants and other businesses open to the public. Title II of the Act explicitly states that businesses cannot discriminate on the basis of race, color, religion, or national origin.
Similarly, other countries have their own anti-discrimination laws that protect against racial discrimination in public services and accommodations. The specifics may vary, but the overarching principle remains consistent: discrimination based on race is illegal.
What Counts as a "Public Accommodation"?
Title II applies to specific types of businesses, including:
- Restaurants, cafeterias, lunch counters, and other businesses that mainly serve food to eat on the premises, including food counters inside gas stations and stores
- Bars and nightclubs
- Hotels, motels, and other places that rent rooms to guests
- Movie theaters, concert halls, sports arenas, stadiums, and other places of entertainment
Title II does not cover truly private clubs. Courts have also generally held that ordinary retail stores fall outside Title II, which is why Section 1981 is so important.
Section 1981: Protection When You Try to Buy Something
Section 1981 gives every person the same right to make and enforce contracts as white citizens. Buying a meal, a product, a hotel room, or a service is a contract, so Section 1981 can apply when a store, restaurant, car dealership, bank, or other business refuses to do business with you, changes the terms, or blocks a purchase because of your race. Unlike Title II, Section 1981 allows you to recover money damages.
To win, you generally need to show that the business intended to discriminate and that it actually interfered with a purchase or contract. Being watched closely in a store can be humiliating, but courts have often dismissed claims where the customer was still able to complete the purchase. That makes it important to talk to an attorney about the specific facts of what happened.
Title II (Civil Rights Act of 1964) | Section 1981 | |
|---|---|---|
What it covers | Restaurants, bars, hotels, entertainment venues | Any business making or refusing a contract or purchase, including stores |
Protected characteristics | Race, color, religion, national origin | Race, color, and ancestry or ethnic characteristics |
Money damages | No. Court orders to stop the discrimination, plus attorney’s fees | Yes. Compensatory and punitive damages, plus attorney’s fees |
Best fit | Ending a discriminatory policy or practice | Recovering compensation for what happened to you |
What About Texas Law?
Texas does not have a statewide law that bans discrimination in public accommodations the way many other states do. That means most race discrimination claims against Texas businesses are brought under federal law. Some cities have their own rules. For example, Fort Worth’s Human Relations Ordinance, alongside federal law, prohibits discrimination in public accommodations based on race, color, religion, sex, national origin, disability, and age. Depending on what happened, state law claims like assault, false imprisonment, or defamation may also apply, such as when security physically removes or detains a customer.
What Race Discrimination by a Business Can Look Like
Race discrimination is not always as obvious as a “no service” sign. It often shows up as different treatment. Common examples include:
- Being refused entry to a bar or nightclub while others are let in
- A dress code that is only enforced against certain customers
- Being told a restaurant is “full” or hosting a “private event” when it isn’t
- Being asked to prepay, show extra ID, or pay a higher price when other customers are not
- Being ignored, seated in a back section, or served only after everyone else
- Being accused of shoplifting, searched, or asked to leave without a reason
- Staff using racial slurs or making comments about race while refusing service
When security staff or bouncers use force while removing someone, there may be additional claims. Read more in our article on the average payout for an excessive force lawsuit against a bouncer.
Ethical Considerations
Beyond the legal aspects, there are strong ethical arguments against denying services based on race. Discrimination based on race perpetuates inequality, fosters division, and undermines the fundamental principles of fairness and justice. Ethical considerations emphasize the importance of treating all individuals with dignity and respect, regardless of their race.
Individual Rights vs. Public Interest
While anti-discrimination laws are clear in their intent to promote equality, some argue that businesses should have the right to refuse service to anyone for any reason, including race. They view this as an extension of individual liberty and property rights. However, this perspective clashes with the public interest in creating a fair and just society.
The legal landscape in various countries generally prioritizes the public interest in preventing discrimination over individual freedoms in the context of public accommodations. This balance ensures that businesses cannot act in a manner that perpetuates racial discrimination or division.
Religious Freedom vs. Discrimination
Another area where this question becomes complex is in cases where business owners cite religious beliefs as a reason for denying service to certain individuals. The tension between religious freedom and anti-discrimination laws has led to contentious legal battles. Courts have grappled with finding a balance between respecting an individual’s religious beliefs and protecting individuals from discrimination based on their race.
In cases like these, courts often weigh the compelling interest of preventing discrimination against the individual’s right to exercise their religious beliefs. The outcomes can vary depending on the specific circumstances and jurisdiction, making it a complex and evolving issue.
When it comes to race specifically, courts have consistently rejected religious beliefs as a defense. In one of the earliest cases under the Civil Rights Act, Newman v. Piggie Park Enterprises, a South Carolina barbecue chain owner argued that his religious beliefs allowed him to refuse to serve Black customers. The courts rejected that argument, and the case went on to the U.S. Supreme Court in 1968.
How to Prove You Were Denied Service Because of Race
Businesses rarely admit to discrimination, so these cases are usually built on evidence that shows a pattern or a difference in treatment. Helpful evidence includes:
- Comparison with other customers, such as people of a different race who were served, seated, or let in under the same circumstances
- Statements by staff, including comments about race or explanations that changed over time
- Video, from your phone, other customers, or the business’s own security cameras
- Receipts, reservations, and messages that show what you tried to buy or book
- Witnesses who saw what happened
- Online reviews or prior complaints describing similar treatment of other customers
What to Do If You Were Refused Service
- Stay calm and leave safely if you are asked to go. Avoid a physical confrontation.
- Write down everything as soon as you can, including the date, time, location, names or descriptions of staff, and exactly what was said.
- Record or collect video if it is safe to do so, and ask witnesses for their contact information.
- Keep your receipts and records, including reservations, texts, and emails.
- Ask the business to preserve its security footage. Many businesses record over video within days or weeks.
- Talk to a civil rights attorney before posting about it online or signing anything the business offers you.
What Can You Recover?
What you can recover depends on which law applies. Title II allows a court to order the business to stop discriminating and to award attorney’s fees, but it does not provide money damages. Section 1981 claims can lead to compensation for emotional distress and humiliation, out-of-pocket losses, punitive damages when the conduct was intentional or reckless, and attorney’s fees. Additional state law claims, like assault or false imprisonment, can increase what a case is worth.
Deadlines also matter. Section 1981 claims generally must be filed within two to four years depending on the type of claim, and state law claims can have shorter deadlines. Evidence like security footage can disappear much sooner, so it is best to act quickly. To see how these cases move from start to finish, read our guide on The Steps of a Civil Rights Lawsuit in Texas.
Conclusion
The question of whether restaurants or companies are allowed to deny services based on race is multifaceted, involving both legal and ethical considerations. While anti-discrimination laws clearly prohibit such practices in public accommodations, the tension between individual rights, religious freedom, and the public interest creates a complex legal landscape.
Frequently Asked Questions
Can a restaurant refuse to serve me because of my race?
No. Restaurants are places of public accommodation under Title II of the Civil Rights Act of 1964, and refusing service because of race is illegal. Section 1981 may also allow you to recover damages.
Can a store refuse to sell to me because of my race?
No. Retail stores are generally not covered by Title II, but Section 1981 prohibits businesses from refusing to make a sale or contract because of race.
Can a bar or nightclub use a dress code to keep people out?
A dress code is legal only if it is applied the same way to everyone. If a bar enforces its dress code only against customers of a certain race, that can be illegal discrimination.
Can I sue a business for being followed or watched in a store?
Possibly, but these cases are harder. Courts often look at whether the business actually prevented you from completing a purchase or asked you to leave. Every situation is different, so it helps to speak with an attorney.
Does Texas have its own public accommodations law?
Not statewide. Most claims are brought under federal law, although some Texas cities, including Fort Worth, have local ordinances that prohibit discrimination in public accommodations.
Need Legal Assistance?
If you or someone you know has been denied service by a private business in Texas, we at Elmazi Law are here to help you. Contact us today for a free consultation. Send us a message from the form below to get started.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change and every case depends on its specific facts. If you have questions about your situation, please contact an attorney directly.