Quick question: I'm talking to a friend who works at a tattoo parlor and who brought in her two gay friends. Apparently both of them "act gay" -- falling into the usual stereotypes, you know, but they weren't making out or doing anything obscene. Just getting tattoos. Her boss kicked them out because he thought their sexual orientation would drive away business. So, is that legal? I've only read about laws concerning employees, not customers.
If they are actually getting tattoos and paying for them, then they are legally considered '"customers." Kicking them out due to their sexual orientation would be illegal and considered a "refusal of services based on discrimination." They could file a complaint or lawsuit against the tattoo parlor if they wanted. However, if they were not actually paying for the tattoos (just fooling around) or were not there for a business-related reason, it could be construed as loitering and could easily be upheld even if the manager was homophobic. After numerous cases where bar owners tried to evict gay patrons from their bars over the years, this form of discrimination and its prosecution has a lot of precedent. The general rule of thumb is that if money is exchanged in return for a service, then the manager cannot legally remove someone from their establishment unless that person is disruptive, threatening, or the service has been rendered and they refuse to leave.
I just asked my friend, and she said they're paying customers. Still getting the rest of the story, so I don't know if they were about to get a tattoo, were getting them, or had just finished. Does it make a big difference where they are on that timeline? And thank you so much for the answer!
The timeline is sort of important. If they hadn't gotten the tattoos yet, it's a refusal of service based on discrimination of their sexual orientation. It's challenge-able in court. It's like those flower shops that said they refused to make bouquets for gay weddings. The courts ruled that they couldn't discriminate against their customers even if it went against their religious beliefs because they are a public business, not a private organization. If they were mid-tattoo, it depends on the circumstances. If they were being unruly, actually causing other customers to walk out (not just perceived customers, real ones), or harassing the manager or an employee, then it would be a legal eviction. Otherwise, it falls on the grounds listed above, and on top of that they could sue for monetary recompense due to an unfinished service rendered (tattoos weren't done so give us our money back!). If they were there after the tattoos were done and were asked to leave and not given a reason, even if it was bigoted, it's legal although rude. If the manager said something along the lines of "we don't want gay people here, get out" then it could go to court if there is a law in that state about discrimination based on sexual orientation, or they could claim it on grounds of sexual harassment in general with orientation as the motive, although that would be easier to defeat.
I believe it is the right for any store owner (of any kind of store) to refuse service to anyone for any reason. Still, doesn't stop them from filing a complaint. That being said, it's the store owner's loss. I really doubt that having anyone gay, obviously a customer role, would be negative towards business. If I received that kind of discrimination, I would take my business elsewhere.
You've got to be joking? So you mean that if I walked into a clothing store, it'd be perfectly okay to be told to leave because I'm black? Or refused service at a restaurant because I'm gay and with my boyfriend?
