If a store owner doesn’t allow someone into his shop because of race, he’s going to get into some kind of trouble, more likely a civil suite, some kind of discrimination litigation, etc.
But what if someone having a rummage sale on their property tells someone to leave because of their race? Is the property owner in any kind of legal trouble?
Say a person has a rummage sale, puts signs up, takes an ad in the papers, etc. Then 2 (insert race) people show up and the property owner tells them they must leave? Any legal issues? Could the discriminated against folks sue the property owner for not allowing them on his property?
Is having a rummage sale an open invite for anyone to come onto your property? What about advertising. Could I advertise that I was having a rummage sale this weekend, but red headed yuppies were not allowed to attend. Is there any legal precendent regarding rummage/garage sales?
Fascinating. I think that legally the property owner would be safe, as one’s property is not a public place. Most of the anti-discriminatory laws that I know of only affect “public accomodations”, which is why organizations like country/golf clubs argue that they don’t have to admit blacks, women, etc as they’re generally members-only.
Wouldn’t venture a guess as to what others’ reactions might be once you kick all the red-headed yuppies off the property, though.
IANAL, but I believe that by opening one’s property to the public for purposes of conducting commerce one becomes at least for the duration of the sale a “public accomodation” under the various statutes. Otherwise any merchant could claim property rights (since most merchants operate on private property) and ignore anti-discrimination laws.
