Can I Be Legally Banned from a Retail Store?

[tatewacipi]

What is the name of your state (only U.S. law)? Texas

Our local convenience store recently underwent a change of ownership. I live directly behind this store and it's operation and upkeep directly affect the quality of life at my home. Because of it's convenience, my family had frequented this store for years and had a great relationship with the owners and employees.

The new owner immediately started letting the trash pile up around the dumpster, attracting rodents. The shelves became bare, and we had several instances where we purchased perishables that were spoiled. We tried to speak with the new owner about the problems, but because he didn't speak fluent English, he would become extremely defensive and hostile whenever we attempted to bring up these issues. In desperation, we asked him for the number for the corporate office, and we were told "look it up yourself."

We contacted the corporate office about the problems and also mentioned the owner's lack of communication skills. We were advised that they were aware of the problems, and asked us to give the company a few weeks to address the issues and then give them another chance. We did so.

The first two times we "re-visited" the store, we came home with spoiled perishables. Tonight, we had to bring back another item - and the owner was there. I attempted to tell him that this was now the third time we had to come back and he became hysterical and started screaming at me: "I know you! You complain! You are racist!" He kept screaming "racist" at me in front of the whole store. He yelled that I am banned from the store because I am a racist! I left TOTALLY in shock and embarrased!

Anyone who knows me knows that I'm NOT a bigot or racist! My complaints about this establishment were based on real problems with cleanliness and product, and while I did complain about this individual's ability to communicate effectively, it certainly was NOT the main issue at hand!

Isn't this discrimination against ME? While I'm DEFINITELY not wanting to go back into this store, I don't think it's fair for this individual to BAN me, and riducule me in public as a racist!

Any thoughts?

 

[>Charlotte<]

Unfortunately for you, the owner has a right to determine who is or isn't allowed on his property. Maybe not so unfortunate, though, because I wouldn't think you would want to give them any further business.

 

[Farfalla]

You call him 'owner' and than talk about 'corporate office'. Is this a franchise?

From now on when you deal with this store, if you ever do again... do it in writing. Especially since the 'owner' does not communicate well in English. This way he can read. Request that all replies be written too.


He apparently answers to somone. If I were you I would write to corporate, tell them what happened. You can bet that if your are having problems with this store, so are a lot of other people.

If the trash and rats become an issue again... write corporate telling them that if it is not cleaned up and exterminators called in two weeks you will file a complaint with local authorities.

Sounds to me like this 'owner' is not totally free to do as he pleases as your first complaints to corporate apparently came down on him.

 

[Hot Topic]

After you bought the second perishable item that was spoiled, you should have contacted the health department instead of going back again (you posted that there were "several instances" of that happening). You should also have reported the rodent attracting garbage around the dumpster.

People can speak fluent English and still become defensive and hostile depending on how problems are brought to their attention.

After you revisited the store and bought another spoiled item, why did you go back again? Knowing what you did about the owner, I suspect you went there to provoke a confrontation, which you did.

Again, call the health department. You'd think, though, that if he continued to sell spoiled perishables, there wouldn't be anyone there for you to be embarrassed in front of.

 

[HomeGuru]

I agree**************..

 

[tatewacipi]

Thank you for your helpful replies. Yes, this is a franchise store and the corporate representative stated that there were other similar complaints from customers. He did ask that I wait a few weeks to allow him to work on getting the problems corrected and then give the store a second chance.

The first time we went back, we purchased a fruit cup which, when we returned home, we found mold at the bottom. I returned it to the clerk, who was EXTREMELY polite and apologetic, and said that it was most likely delivered to them in bad shape. She offered a full refund and told me that she would contact the supplier. No confrontation occurred.

The next day, my husband purchased a hot dog, only to find mold on the bun. He handled that return and dealt with an apologetic clerk, and got his money back.

The last time, we decided to give it one more shot and purchased some ice cream (sealed), only to find that it had been melted and re-frozen (full of ice crystals and half empty). I went back NOT to confront, but to get my money back! It was the owner on duty when I returned and I wasn't confrontational or impolite at all - I simply showed him the icky ice cream, told him that it was the third time we had received bad merchandise since returning to the store, and said that I would like a refund (I had already resolved never to go back). That's when he started shouting and I never got another word in edgewise! He did; however, throw my refund on the counter as he was screaming at me.

We certainly will not patronize the store again, even if I wasn't "banned." I have since contacted our local Health Department regarding the trash problem and spoilage issues. I have not heard back from them, but they move quite slowly where I live.

I consider calling someone a "racist" a very serious accusation, and to have such an insult shouted at me in front of a storefull of neighbors is embarrassing, and the principle of being "banned" from a public place based on a false accusation is just wrong! I guess I was simply wondering if this would be considered discrimination against me?

Thank you again for your input and opinions!

 

[seniorjudge]

Q: I guess I was simply wondering if this would be considered discrimination against me?

A: Of course it is discrimination! Clear, plain, and simple!



Now, what's your second question?