NationStates Jolt Archive


Legal types out there, I need help: Restaurant dress codes?

Geecka
17-06-2005, 12:52
Some half-wit on another board I frequent is claiming that a restaurant doesn't have the right to require hime to adhere to a dress-code. He fully believes that no restaurant can require him to wear a jacket or tie; if they refuse to serve him based on his apparel that he can sue.

I'm certain that he's wrong; no they can't refuse to serve him based on race, gender, physical handicap, but certainly they can say "You're not dressed appropriately. You need a jacket. I'm sorry, we have no table for you", right?

I did a few google searches, but kept getting info about staff uniforms; a topic I know way more about than I'd ever want to. As a matter of fact, I've got 7 pair of his chef pants smelling up the spare room ready to go in the machine after I throw the coats in the dryer. (He's the darn Executive Chef; send them to the freakin' linen service! "No, I can't do that; our service won't starch them and I'll be wrinkled." Men. You can't live with them, and you can't kill them. :rolleyes: Luckily he does his own laundry most of the time.)

**********
Edit: I'm in the US, if that matters.
E Blackadder
17-06-2005, 13:00
Well i am not to sure about the U.S but in Britain i am quite sure that what the Maneger says goes when it comes to dress code....i will have to have a looksee in my books....
BackwoodsSquatches
17-06-2005, 13:03
No.

Any restaruant business reserves the right to refuse service to anyone, for any reason.
If youre bothering other customers..out you go.
If you refuse to adhere to the establishments dress code, they have every right to ask you to leave.

No place of business is under any obligation to serve anyone.
The Motor City Madmen
17-06-2005, 13:05
At a private business the management can refuse to serve you for any reason. If a tie is required you have to have one on or service can be refused.
Monkeypimp
17-06-2005, 13:05
I'm pretty sure its the same as someone asking you to take your shoes off when you go to their house.
Keruvalia
17-06-2005, 13:07
In the US, any business has the right to refuse service to anybody, regardless of the reasons. Now, sometimes this can lead to trouble. For example, if you choose to refuse to serve black people. You may have all kinds of unwanted media attention, but it's still your right to refuse.

Many upper scale restaurants require a coat and tie for men. It's best to find that out over the phone before going. Sometimes, however, it is part of the health code. The "no shirt, no shoes, no service" thing is health code, not policy.

In short, your friend is wrong. A restaurant can refuse him service based on anything they want to base it on.

I'd also like to point out the following: Just because you're in a restaurant, seated, and ordered your food, you don't have the *right* to stay there as long as you like. If the restaurant is closed, they can kick you out - even if you're in the middle of your meal. Most won't, but never forget that they can. Also keep in mind that your server has to stay there until you leave if you've decided to hang out well after closing. Your server may want to go home. Just eat and get out. It's best not to piss off people who are serving you that which you will be eating.
JRV
17-06-2005, 13:07
Like in that movie 'Falling Down': "Read the sign. I reserve the right. Now take a hike."
Geecka
17-06-2005, 13:10
I'd also like to point out the following: Just because you're in a restaurant, seated, and ordered your food, you don't have the *right* to stay there as long as you like. If the restaurant is closed, they can kick you out - even if you're in the middle of your meal. Most won't, but never forget that they can. Also keep in mind that your server has to stay there until you leave if you've decided to hang out well after closing. Your server may want to go home. Just eat and get out. It's best not to piss off people who are serving you that which you will be eating.

This was *so* my pet peeve when I was still serving/managing. You're a server, aren't you? :cool:
Keruvalia
17-06-2005, 13:13
This was *so* my pet peeve when I was still serving/managing. You're a server, aren't you? :cool:

Not anymore, but I did my time, nod. Hated those people. Come in 5 minutes before close, ate, and then sat there jabbering for an hour. Huge pet peeve. Huge!

Powerless to do anything, too. All I could do is show up every 30 seconds, interrupt their conversation with "Will there be anything else for you?" or whatever. Even then, most of the time, they didn't get the hint.

Although, I will admit, having been in the position, you come to appreciate it. I don't make excessive demands, I always tip 20%, and I don't take up the table longer than necessary.
Flesh Eatin Zombies
17-06-2005, 14:46
Everyone should have to do a stint at waiting tables or some other customer service job at some point in their lives just so they know what it's like dealing with arsehole customers and hopefully remember it when they're customers themselves.

Don't ask a refund after you've finished every scrap of food on your plate.If you ate it all, it can't have been that bad.
Don't snap your fingers at the waitstaff.
Don't sit directly under the 'non smokin' sign, light up and abuse the waitress for not bringing you an ashtray.
Don't perform sex acts at the table (seriously, I've seen it happen).
Don't allow your children to randomly run around the restaraunt, jumping on the furniture and getting in the way.

DO treat waitstaff like HUMAN BEINGS.
The Nazz
17-06-2005, 15:04
And always remember the very basic rule: Never, EVER, fuck with the person who controls what you eat and drink, lest you wind up with some foreign substance in your food. Cooks and servers may hate each other during the heat of a rush, but if a server comes to the line in tears because of an abusive customer, it gets ugly for the customer. Ugly. Like Margaret Thatcher naked on a cold day ugly.
Geecka
17-06-2005, 15:05
Don't ask a refund after you've finished every scrap of food on your plate.If you ate it all, it can't have been that bad.


Corollary: If you eat a few bites of something, complain that it's awful and demand that it be taken off of your bill, don't demand a box to take it home. :mad: If it's inedible here, it's inedible at home, too!
Monkeypimp
17-06-2005, 15:06
I've worked at a pizza place (luckily its a Hell Pizza, which seems to justify the fact that I'm making min wage at a pizza place) and I've learnt a lot about dipshit asshole customers. Luckily, most of the people I deal with are great.
Underemployed Pirates
17-06-2005, 15:25
In the US, any business has the right to refuse service to anybody, regardless of the reasons. Now, sometimes this can lead to trouble. For example, if you choose to refuse to serve black people. You may have all kinds of unwanted media attention, but it's still your right to refuse.

*snip

In short, your friend is wrong. A restaurant can refuse him service based on anything they want to base it on.



Nope. This type of case (it was a hamburger joint years ago) has already been decided by the Supreme Court: The Commerce Clause of the US Constitution is the basis for finding racial discrimination in food service industries as being unconstitutional.

Geecka is basically right -- a restaurant legally can deny service for darn near any reason or even on a whim, but you cannot use race, sex, national origin, religion, etc.
Deleuze
17-06-2005, 15:37
Nope. This type of case (it was a hamburger joint years ago) has already been decided by the Supreme Court: The Commerce Clause of the US Constitution is the basis for finding racial discrimination in food service industries as being unconstitutional.

Geecka is basically right -- a restaurant legally can deny service for darn near any reason or even on a whim, but you cannot use race, sex, national origin, religion, etc.
I've heard of those cases, but they bring up an interesting hypothetical. The Court protects the ability of certain organizations to control their membership (the KKK). But what happens if there's a cafeteria in KKK headquarters?
Neo Rogolia
17-06-2005, 15:40
Also keep in mind that your server has to stay there until you leave if you've decided to hang out well after closing


Ughh, I HATED that....I kept trying to send ESP messages saying "Hurry up, I'm tired!" but I guess they never went through :(
The Nazz
17-06-2005, 15:50
I've heard of those cases, but they bring up an interesting hypothetical. The Court protects the ability of certain organizations to control their membership (the KKK). But what happens if there's a cafeteria in KKK headquarters?
Interesting scenario--I'd guess it depends on whether or not the cafeteria is open to the general public or not. If it's only available to employees, members, etc., then they'd be able to decide who comes in and gets served. If it's a public restaurant, then they can't discriminate.
Carnivorous Lickers
17-06-2005, 15:51
I think the key is "privately owned". If the business is privately owned, I believe they can enforce a dress code.

Its not that big a deal really. If you cant live with it, go elsewhere.
Underemployed Pirates
17-06-2005, 15:57
Interesting scenario--I'd guess it depends on whether or not the cafeteria is open to the general public or not. If it's only available to employees, members, etc., then they'd be able to decide who comes in and gets served. If it's a public restaurant, then they can't discriminate.


Right.