On which grounds Walmart can use "right to refuse service to anyone" without discrimination ?

[attnwalmartshoppers]

What is the name of your state? CA

I am not even sure if "Right to refuse service to anyone" plate can be considered legal in the state of CA, but I see it in many places, so I am assuming it has some use. I am wondering, under what circumstances, a large retailer like Walmart, which, almost everyone visits one or more times a month, can refuse to service a person ? I mean if the person has stolen from walmart or was charged with lude act in company premises or anything that sort, which can be proven to cause damage to the store, has some basis for such an action. What I am wondering, say, for some reason I get into a heated argument with a store manager or an assistant manager, due to some issue I have encountered and some harsh words have been used by both sides. Does such a thing give grounds to the retailer, especially walmart, the grounds to ban me from entering into or buying from their stores, legally ?

 

[Just Blue]

What is the name of your state? CA

I am not even sure if "Right to refuse service to anyone" plate can be considered legal in the state of CA, but I see it in many places, so I am assuming it has some use. I am wondering, under what circumstances, a large retailer like Walmart, which, almost everyone visits one or more times a month, can refuse to service a person ? I mean if the person has stolen from walmart or was charged with lude act in company premises or anything that sort, which can be proven to cause damage to the store, has some basis for such an action. What I am wondering, say, for some reason I get into a heated argument with a store manager or an assistant manager, due to some issue I have encountered and some harsh words have been used by both sides. Does such a thing give grounds to the retailer, especially walmart, the grounds to ban me from entering into or buying from their stores, legally ?

Of course it does.

 

[attnwalmartshoppers]

Of course it does.

What happens if I have a darker skin and pull the discrimination card ? Mind you I have not harmed anyone. I might have upset the manager but he upset me in return.

 

[Just Blue]

What happens if I have a darker skin and pull the discrimination card ? Mind you I have not harmed anyone. I might have upset the manager but he upset me in return.

You may/likely end up paying for the legal cost of a false discrimination suit.

 

[adjusterjack]

What happens if

What happens if the moon was really made of green cheese, pigs could fly, and the snowball survived hell?

If you don't want to be banned from stores, don't be obnoxious to store employees.

 

[PayrollHRGuy]

What happens if I have a darker skin and pull the discrimination card ? Mind you I have not harmed anyone. I might have upset the manager but he upset me in return.

That card only works if your race is the reason for the refusal. In this case, it would be easily shown that it wasn't

If the manager upset you, you can ban him from your store or home.

 

[Mass_Shyster]

In the same way that you can refuse to do business with Walmart, Walmart can refuse to do business with you. What's interesting is that you are permitted to refuse to do business with them because they hire minorities, etc. You are free to discriminate based on race, color, creed, religion, any other protected class. They are not.

Buying and selling is a two way street. They have more bargaining power than you do, but it's still a bilateral arrangement.

You are free to "pull the discrimination card", but I'll bet you'll have a hard time finding an attorney to take on your case. Walmart does not quietly settle. In fact, they put on seminars for lawyers on how to sue Walmart. They don't want to waste their time with lawyers who don't know the all the rules.

If you go to a lawyer and tell him or her that you were discriminated against because of the color of your skin, and neglect to mention the argument you had, you can expect the lawyer to withdraw from your case as soon as he or she learns that you mislead him or her. Most will have a clause allowing that in their agreement. Many will include another clause that requires you to pay for the time they spent on you case if they learn you have lied.

 

[Just Blue]

In the same way that you can refuse to do business with Walmart, Walmart can refuse to do business with you. What's interesting is that you are permitted to refuse to do business with them because they hire minorities, etc. You are free to discriminate based on race, color, creed, religion, any other protected class. They are not.

Buying and selling is a two way street. They have more bargaining power than you do, but it's still a bilateral arrangement.

You are free to "pull the discrimination card", but I'll bet you'll have a hard time finding an attorney to take on your case. Walmart does not quietly settle. In fact, they put on seminars for lawyers on how to sue Walmart. They don't want to waste their time with lawyers who don't know the all the rules.

If you go to a lawyer and tell him or her that you were discriminated against because of the color of your skin, and neglect to mention the argument you had, you can expect the lawyer to withdraw from your case as soon as he or she learns that you mislead him or her. Most will have a clause allowing that in their agreement. Many will include another clause that requires you to pay for the time they spent on you case if they learn you have lied.

And there is absolutely a security video of the incident showing OP and the MGR. having their argument.

 

[FlyingRon]

And there is absolutely a security video of the incident showing OP and the MGR. having their argument.

Yep, at Walmart someone is always watching. They're recording every point of sale in the store. It's been used in the past to track down people who purchased items that were subsequently used in other crimes.

 

[zddoodah]

I am not even sure if "Right to refuse service to anyone" plate can be considered legal in the state of CA

It can.

under what circumstances, a large retailer like Walmart, which, almost everyone visits one or more times a month, can refuse to service a person ?

First of all, it is not even remotely true that "almost everyone visits [Walmart] one or more times a month." That said, the answer to your question is that a business may refuse service to anyone for any reason that is not expressly illegal under federal or state law. The most common thing that are expressly illegal are race/ethnicity/skin color, national origin, gender, etc. While California's list is a longer than those in most other states and includes some phenomenally silly things, it is still quite a limited list.

What I am wondering, say, for some reason I get into a heated argument with a store manager or an assistant manager, due to some issue I have encountered and some harsh words have been used by both sides. Does such a thing give grounds to the retailer, especially walmart, the grounds to ban me from entering into or buying from their stores, legally ?

I don't understand the "especially [W]almart" comment, but the answer to this question is absolutely and without question yes.

What happens if I have a darker skin and pull the discrimination card ?

Darker than what? What does "pull the discrimination card" mean? Obviously, there have been occasions in which someone claims illegal discrimination and the person/entity who is claimed to have discriminated alleges a legal basis for the discrimination. "What happens" is obviously highly fact-specific.

 

[quincy]

Everyone has at least one protected characteristic, be it race or gender or whatever. It takes far more than that to support a discrimination lawsuit.

 

[Just Blue]

Everyone has at least one protected characteristic, be it race or gender or whatever. It takes far more than that to support a discrimination lawsuit.

Is being tanned a protected characteristic?



[What happens if I have a darker skin ]

 

[quincy]

Is being tanned a protected characteristic?



[What happens if I have a darker skin ]

I suppose perception could play a factor. If you use the tanner that is the choice of our country’s leader, however, there is no orange-skinned race.

 

[Just Blue]

I suppose perception could play a factor. If you use the tanner that is the choice of our country’s leader, however, there is no orange-skinned race.

Not true.


https://www.google.com/search?rlz=1C1JZAP_enUS863US868&sxsrf=ALeKk01KHHhnTdJLypwu9bq49r_YHSxjfQ:1583773097393&q=oompa+loompa&tbm=isch&source=univ&sa=X&ved=2ahUKEwjLxP_G7o3oAhXDpJ4KHU9oAJMQsAR6BAgJEAE&biw=1302&bih=665

 

[Ohiogal]

Where the heck did TM's post go and LD's post? And my post?