Cops force fella and homeless man to leave McD

[calfzilla]

If for previous conduct yes. I never said he could come into the place and be disorderly. If he was hangin outside asking for money and told not to fine but if he came in with someone and got a meal then I don’t see the harm in that. Don’t know the whole story. But we all know it boils down to money. If some lawyer wanted some free publicity he would take this guys case I’m sure it would make CNN. 

Not sure where you live but in the US, conduct has nothing to do with it.  If it is private property the owner or agent can trespass you and they don't need a reason. Now public property such as a park for example, is different.

[Disgusted]

Not sure where you live but in the US, conduct has nothing to do with it.  If it is private property the owner or agent can trespass you and they don't need a reason. Now public property such as a park for example, is different.

https://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html

[ZeroPatience]

https://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html

From the article:

There a number of legitimate reasons for a restaurant to refuse service, some of which include:
Patrons who are unreasonably rowdy or causing trouble
Patrons that may overfill capacity if let in
Patrons who come in just before closing time or when the kitchen is closed
Patrons accompanied by large groups of non-customers looking to sit in
Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)

[Agnostic007]

Actually the cop has no authority telling the man he can never return.

the owner/manager/representative should tell him that in the presence of the officer who would write a Criminal Trespass report documenting it. If he returns he can be arrested if found on property

[Disgusted]

From the article:

There a number of legitimate reasons for a restaurant to refuse service, some of which include:
Patrons who are unreasonably rowdy or causing trouble
Patrons that may overfill capacity if let in
Patrons who come in just before closing time or when the kitchen is closed
Patrons accompanied by large groups of non-customers looking to sit in
Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)

Yes of course but I wasn't responding to that. Read his post.

Here:

"Not sure where you live but in the US, conduct has nothing to do with it.  If it is private property the owner or agent can trespass you and they don't need a reason. Now public property such as a park for example, is different".

[Disgusted]

the owner/manager/representative should tell him that in the presence of the officer who would write a Criminal Trespass report documenting it. If he returns he can be arrested if found on property

And said individual has the right to have this claim proven in court as the whole argument at this point is not proven other than the word of the manager.

[Agnostic007]

And said individual has the right to have this claim proven in court as the whole argument at this point is not proven other than the word of the manager.

I can only speak at this point for Texas. The law was clear. You can as a business owner keep anyone from your property except for very limited reasons including race and religion. IN this case, the homeless person being outside the McDonalds, I will apply my experience and common sense and say that this person was known to the employees. To have a clerk say you can't be here is very unusual and tells me this person was a known issue. We can argue all day long about whether the law is right or wrong, but any business has the right to refuse service EXCEPT for the narrow exceptions. I don't believe they fit here.

[Fortress]

The filthy street urchin wasn’t having a happy meal.

[Agnostic007]

And said individual has the right to have this claim proven in court as the whole argument at this point is not proven other than the word of the manager.

It's private property.. you don't need a jury to decide if that person has a right to be there

[Disgusted]

It's private property.. you don't need a jury to decide if that person has a right to be there

It's not private you dumbass. it's privately owned.

[Agnostic007]

It's not private you dumbass. it's privately owned.

dude the name calling is juvenile. the fact is legally, it is private property. Take it up with the courts if you disagree. I'm just telling you the reality of the situation. If you don;t agree that certainly is your uninformed option   

[Disgusted]

dude the name calling is juvenile. the fact is legally, it is private property. Take it up with the courts if you disagree. I'm just telling you the reality of the situation. If you don;t agree that certainly is your uninformed option  

Seriously man all you have to do is look up the law instead of giving your opinion. I already posted this twice.

https://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html


"But Aren’t Restaurants Considered Private Property?

Yes, however they are also considered places of public accommodation. In other words, the primary purpose of a restaurant is to sell food to the general public, which necessarily requires susceptibility to equal protection laws. Therefore, a restaurant’s existence as private property does not excuse an unjustified refusal of service. This can be contrasted to a nightclub, which usually caters itself to a specific group of clientèle based on age and social status".

[Agnostic007]

Seriously man all you have to do is look up the law instead of giving your opinion. I already posted this twice.

https://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html


"But Aren’t Restaurants Considered Private Property?

Yes, however they are also considered places of public accommodation. In other words, the primary purpose of a restaurant is to sell food to the general public, which necessarily requires susceptibility to equal protection laws. Therefore, a restaurant’s existence as private property does not excuse an unjustified refusal of service. This can be contrasted to a nightclub, which usually caters itself to a specific group of clientèle based on age and social status".

I really don't think your position and mine are different. I'm operating from experience with this issue, you are posting from an internet site, but yes, a private property can't exclude people for unjustified reason. However from my experience, this wouldn't fit  that exclusion and we don't know the history. A reasonable person reading the article wouldn't conclude this is the first time the employee has had interaction with that person

"However, the Myrtle Beach mayor Brenda Bethune and police say that the incident as depicted in the film does not accurately portray exactly what happened and have defended the officer's response. She has not been identified."

[Disgusted]

I really don't think your position and mine are different. I'm operating from experience with this issue, you are posting from an internet site, but yes, a private property can't exclude people for unjustified reason. However from my experience, this wouldn't fit  that exclusion and we don't know the history. A reasonable person reading the article wouldn't conclude this is the first time the employee has had interaction with that person

Now you are going backwards. McDonald's can't refuse a person service just because they are private property. If you read my posts then you wold know that it what I was talking about.

[Agnostic007]

lets just agree to disagree. The company, McDonalds can refuse service to anyone with a couple exceptions. They believe this person fit the exceptions. If not, im sure a lawyer will be representing the person shortly   

[Disgusted]

lets just agree to disagree. The company, McDonalds can refuse service to anyone with a couple exceptions. They believe this person fit the exceptions. If not, im sure a lawyer will be representing the person shortly   

I have no idea what you mean by this. Also, speaking from experience means nothing. Just because you get a speeding ticket doesn't make you an expert on traffic law. Even attorneys have to look up the law at times.

[Agnostic007]

I have no idea what you mean by this. Also, speaking from experience means nothing. Just because you get a speeding ticket doesn't make you an expert on traffic law. Even attorneys have to look up the law at times.

Thats true. I am speaking from Texas laws on businesses based on years of experience and several stints in a court of law. I had to look up laws all the time. From what I saw in the article no law was violated on the part of the business or cop. In Texas, theoretically you can refuse service because you don't like the outfit the person is wearing. You cannot refuse service because they are asian or homosexual     

[Disgusted]

Thats true. I am speaking from Texas laws on businesses based on years of experience and several stints in a court of law. I had to look up laws all the time. From what I saw in the article no law was violated on the part of the business or cop. In Texas, theoretically you can refuse service because you don't like the outfit the person is wearing. You cannot refuse service because they are asian or homosexual     

You're gonna have to prove that one too me. Can you site case law on that one?

[gib]

Allow me to explain and clarify:

I’m every US state the owner of land (including leases premises) has the absolute right to deny anyone access or to insist that anyone on his premises leave immediately (military and law enforcement with appropriate authority excluded).

The person removed/excluded then has the right to bring a civil action if they believe that they had any implied, equatable or contractual right to be there.

The cop acted 100% in accordance with the law as did the manager who has delegated authority from the proprietor.

Hope that helps.

[Agnostic007]

Allow me to explain and clarify:

I’m every US state the owner of land (including leases premises) has the absolute right to deny anyone access or to insist that anyone on his premises leave immediately (military and law enforcement with appropriate authority excluded).

The person removed/excluded then has the right to bring a civil action if they believe that they had any implied, equatable or contractual right to be there.

The cop acted 100% in accordance with the law as did the manager who has delegated authority from the proprietor.

Hope that helps.

''

its accurate, but it won't help some

[Agnostic007]

You're gonna have to prove that one too me. Can you site case law on that one?

google right to refuse. I could cut a paste a lot of links but it would be easier if you just googled it.

[be back]

You're gonna have to prove that one too me. Can you site case law on that one?

You can refuse entry to anyone, its when you give a reason you can then fall foul of discrimination

Two Christian cake bakers in the UK got fined for not making a cake for a gay couple because they gave the reason that their beliefs would not allow them as homosexuality was wrong in the eyes of God.

They gave a reason, they should just have said they were too busy.

although they should be able to not make a cake for a gay couple if thats what they believe, seems homosexuality is protected but freedom of religion isn't, thats if you are a christian and not muslim of course.

[IRON CROSS]

where is the compassion?

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