Can an assistant store manager legally ban me from a store?
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Can an assistant store manager legally ban me from a store?
I usually joke around with staff because it’s the night shift and boring. I usually go to the 5 hour energy display which is on the counter. I hang there until my co-workers get done and sometimes I move the bottles around. The staff usually laughs and don’t care. However, the assistant store manager informed me in a nasty and threatening manner to stop. I informed her that I wouldn’t do that again. She said that I better not and if she catches me doing that again she will ban me. Can she?
Asked on May 28, 2019 under Business Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, you can be banned from entering a private business premises. As a general rule, people who own property have the right to manage and control it as they see fit. So a business is within its rights to establish its own rules for admitting or banning people from the property. That having been said, such a prohibition cannot be based on an individual being a member of a "protected class" as defined by federal law.In other pwrds, the prohibition cannot be based on a person's race, religion, nationality, gender, sexual oreintation, disability or age. A store that sells food items, etc. is still private property. Offering these items for sale implies an invitation to enter, however the owner (or store manger) is entitled to ban someone from coming in for any reason, as long as it is not based legally actionable discrimination as described above.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, you can be banned from entering a private business premises. As a general rule, people who own property have the right to manage and control it as they see fit. So a business is within its rights to establish its own rules for admitting or banning people from the property. That having been said, such a prohibition cannot be based on an individual being a member of a "protected class" as defined by federal law.In other pwrds, the prohibition cannot be based on a person's race, religion, nationality, gender, sexual oreintation, disability or age. A store that sells food items, etc. is still private property. Offering these items for sale implies an invitation to enter, however the owner (or store manger) is entitled to ban someone from coming in for any reason, as long as it is not based legally actionable discrimination as described above.
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