# Can you legally ban someone from your retail store simply for being a obnoxious jerk? **URL:** \ **Category:** Factual Questions\ **Created:** [September 6, 2005, 1:32pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330 "2005-09-06T13:32:51Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [September 6, 2005, 1:32pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/1 "2005-09-06T13:32:51Z")
[This thread](http://boards.straightdope.com/sdmb/showthread.php?t=333597) about obnoxious customers made me wonder if an owner of a retail establishment could walk up to a customer making a noisy fuss and (after immediate problem is resolved) legally ban them from ever re-entering the store. ---
**Author:** ![Hampshire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hampshire/32/4887_2.png) [@Hampshire](https://boards.straightdope.com/u/Hampshire)\ **Post date:** [September 6, 2005, 1:49pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/2 "2005-09-06T13:49:02Z")
We used to do it all the time where I worked. Usually it was some loud, obnoxious customer making a scene who said they wouldn’t leave till they got their way. When we got the police to arrive they simply had the person trespassed from the store so they could not come back in legally. ---
**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\ **Post date:** [September 6, 2005, 1:50pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/3 "2005-09-06T13:50:01Z")
> [@astro](#): > > [This thread](http://boards.straightdope.com/sdmb/showthread.php?t=333597) about obnoxious customers made me wonder if an owner of a retail establishment could walk up to a customer making a noisy fuss and (after immediate problem is resolved) legally ban them from ever re-entering the store. Absolutely. The only instances when you _can’t_ ban someone from your private establishment are ones in which there is a law specifically saying so - as with laws regarding racial discrimination. “Obnoxious jerks” are not a protected class in American law. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [September 6, 2005, 2:08pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/4 "2005-09-06T14:08:06Z")
Absolutely. It happens more than you might think too. Once you tell a customer to never come back, then they can be charged with trespassing if they do come back. ---
**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\ **Post date:** [September 6, 2005, 2:08pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/5 "2005-09-06T14:08:21Z")
> [@Excalibre](#): > > “Obnoxious jerks” are not a protected class in American law. I may have to appropriate this for my sig or something. ---
**Author:** ![Crandolph](https://avatars.discourse-cdn.com/v4/letter/c/7cd45c/32.png) [@Crandolph](https://boards.straightdope.com/u/Crandolph)\ **Post date:** [September 6, 2005, 3:01pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/6 "2005-09-06T15:01:28Z")
People get ‘flagged’ from bars for this very reason all of the time. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [September 6, 2005, 3:26pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/7 "2005-09-06T15:26:00Z")
Another vote for yes. We did it to a customer just recently. Called the police, they asked us “Do you want him to shop here anymore?” “No” To which the office said “Sir, your business isn’t apprciated here, if you come in here again, I’ll arrest you for trespassing.” End of story, haven’t seen him since. ---
**Author:** ![kinoons](https://avatars.discourse-cdn.com/v4/letter/k/a698b9/32.png) [@kinoons](https://boards.straightdope.com/u/kinoons)\ **Post date:** [September 6, 2005, 3:58pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/8 "2005-09-06T15:58:02Z")
Casinos in Vegas do it all the time too… ---
**Author:** ![Kevbo](https://avatars.discourse-cdn.com/v4/letter/k/e47774/32.png) [@Kevbo](https://boards.straightdope.com/u/Kevbo)\ **Post date:** [September 6, 2005, 4:13pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/9 "2005-09-06T16:13:44Z")
In high school, I worked in a small pharmacy that had a candy counter. When we cought kids stealing the first time, we’d ban them from the store for a month. The second time was forever. That was only one kid. I have no idea how “leagle” this was, but it seemed effective. ---
**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\ **Post date:** [September 6, 2005, 5:18pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/10 "2005-09-06T17:18:19Z")
> [@MikeS](#): > > I may have to appropriate this for my sig or something. 🙂 You’re welcome to it. ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [September 6, 2005, 5:53pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/11 "2005-09-06T17:53:42Z")
I am a veterinarian. I throw out one or two people each year and ask that they not come back. There are many reasons, ranging from nonpayment to general assholery. The most unique was a client who came in wearing a swimsuit that resembled a jock strap. That was all he was wearing. My practice is nowhere near the beach, and my female employees were uncomfortable. I told him that the reason I did not have a “no shoes, no shirt, no service” sign was because I never thought it was needed. ---
**Author:** ![CantUseMyRealName](https://avatars.discourse-cdn.com/v4/letter/c/f9ae1b/32.png) [@CantUseMyRealName](https://boards.straightdope.com/u/CantUseMyRealName)\ **Post date:** [September 6, 2005, 6:21pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/12 "2005-09-06T18:21:05Z")
> [@vetbridge](#): > > The most unique was a client who came in wearing a swimsuit that resembled a jock strap. i have always wondered exactly where the swimwear sold at koala was worn. now i know, lol. [www.koalaswim.com](http://www.koalaswim.com) **NSFW** ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [September 6, 2005, 6:24pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/13 "2005-09-06T18:24:44Z")
> [@CantUseMyRealName](#): > > i have always wondered exactly where the swimwear sold at koala was worn. And I have never seen a koala wearing anything as absurd as that. ---
**Author:** ![CantUseMyRealName](https://avatars.discourse-cdn.com/v4/letter/c/f9ae1b/32.png) [@CantUseMyRealName](https://boards.straightdope.com/u/CantUseMyRealName)\ **Post date:** [September 6, 2005, 6:26pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/14 "2005-09-06T18:26:49Z")
> [@Giles](#): > > And I have never seen a koala wearing anything as absurd as that. and if the good lord sees fit, we never will, lol. ---
**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\ **Post date:** [September 6, 2005, 6:41pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/15 "2005-09-06T18:41:24Z")
> [@CantUseMyRealName](#): > > i have always wondered exactly where the swimwear sold at koala was worn. > > now i know, lol. > > [www.koalaswim.com](http://www.koalaswim.com) **NSFW** You mean you don’t wear see-thru bikinis specially-designed to accomodate butt-plugs at the local public swimming pool? Man, some people are such prudes . . . ---
**Author:** ![Eleusis](https://avatars.discourse-cdn.com/v4/letter/e/f4b2a3/32.png) [@Eleusis](https://boards.straightdope.com/u/Eleusis)\ **Post date:** [September 6, 2005, 8:28pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/16 "2005-09-06T20:28:01Z")
> [@Excalibre](#): > > “Obnoxious jerks” are not a protected class in American law. We have been discriminated against for _too damn long_! I demand my rights! ---
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [September 6, 2005, 9:21pm UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/17 "2005-09-06T21:21:15Z")
> [@Excalibre](#): > > “Obnoxious jerks” are not a protected class in American law. With the sole exception of the United States Congress & its separate members. ---
**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\ **Post date:** [September 7, 2005, 12:35am UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/18 "2005-09-07T00:35:05Z")
> [@Bosda Di'Chi of Tricor](#): > > With the sole exception of the United States Congress & its separate members. “Legislators” are not a protected class either. For instance, there’s no reason you couldn’t decide congresspeople weren’t welcome in your restaurant. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [September 7, 2005, 1:38am UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/19 "2005-09-07T01:38:41Z")
> [@Excalibre](#): > > “Legislators” are not a protected class either. For instance, there’s no reason you couldn’t decide congresspeople weren’t welcome in your restaurant. Actually, I don’t think you could legally do that. You’d be banning for reasons of group affiliation, not individual bad behavior. I can’t imagine that a judge wouldn’t find that illegally discriminatory in some fashion. ---
**Author:** ![Sam\_Stone](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Sam\_Stone](https://boards.straightdope.com/u/Sam_Stone)\ **Post date:** [September 7, 2005, 1:51am UTC](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330/20 "2005-09-07T01:51:01Z")
“We reserve the right to refuse service at our discretion.” Years ago when I was in college I worked part time for Radio Shack. We had a customer who was notorious for buying stereo gear and then returning it just before the 30 day return period was up. A buddy of mine worked at a stereo store down the street, and he was in for a coffee and saw this guy, and told me that he had been doing the same thing at their store. Apparently, his schtick was to basically have a perpetual free stereo. He’d buy thousands in stereo gear, put it on his VISA, then return it in a month and pay off the VISA. Then go to another store and do the same thing. Once he’d made the rounds of all the stero stores, he’d start again. He probably did the same thing with other goods in his house. Anyway, he told me he wanted to buy a receiver, and I informed him that I had chosen not to sell it to him. He sputtered, stood on his ‘rights’, and told me I couldn’t do that. I told him that this store had simply decided to refuse to sell to him. He told me he would call the Better Business Bureau. I said, “Oh! Well, wait a minute.” He got a smug look on his face, thinking that he’d played his trump card, when I returned with a phone and handed it to him. He said, “What’s this?” and I said, “Oh, I called the BBB for you. Here you go. You can tell the nice man exactly what your problem is.”. He fled the store, and we never saw him again. [Next page](https://boards.straightdope.com/t/can-you-legally-ban-someone-from-your-retail-store-simply-for-being-a-obnoxious-jerk/320330.md?page=2)