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  #1  
Old 09-12-2007, 01:12 AM
BigLawMonies BigLawMonies is offline
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Join Date: Sep 2007
Posts: 22
Default Re: McDonalds TR. refused to serve me???!!!

Civil Rights Act of 1964 Title II (42 USC 2000)

All persons shall be entitled to the full and equal enjoyment of the goods, services and accommodations of any place of public accommodation as defined in this section...

Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter[....]

any restaurant, cafeteria, lunchroom, lunch counter, soda foundation, or other faciiity principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station....

***

In Uston v. Resorts International Hotel, Inc. (445 A.2d 370) the New Jersey Supreme Court ruled that a casino could not exclude a card counter if its blackjack tables were open to the general public....

The Court relied on State v. Schmid to hold that "when property owners open their premises to the general public in pursuit of their own property interests, they have no right to exclude people unreasonably. On the Contrary they have a duty not to act in an arbitrary or discriminatory manner toward persons who come on their premises." - Chief Justice Pashman

However McDs could argue that you are "disorderly or otherwise dangerous person" and that you were trying to "disrupt the regular and essential operations" of the business but I doubt that would stick 'cause you didn't try to blow cig smoke in her vag or something.

Also I'm pretty sure that McDs didn't have a "NO TOBACCO POSSESSION" sign lol.

I'd bet you probably will lose 'cause they didn't exclude you for being black or being from Grimmistan or some [censored] but the real monies is in the torts anyway, obv. Adding civil rights [censored] may be worth it to induce a settlement. But [censored] i'm not your lawyer and i'm not giving you any legal advice, so do what you want.
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  #2  
Old 09-12-2007, 01:22 AM
PhilBeans PhilBeans is offline
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Join Date: Aug 2007
Location: Skid Row
Posts: 283
Default Re: McDonalds TR. refused to serve me???!!!

Yeah wasnt even smoking the cig, and I was in no way disorderly until she told me I couldnt have it. Ridiculous......
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  #3  
Old 09-12-2007, 01:24 AM
PhilBeans PhilBeans is offline
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Join Date: Aug 2007
Location: Skid Row
Posts: 283
Default Re: McDonalds TR. refused to serve me???!!!

She was the store Mgr. I wonder if I could ever get a hold of the franchisee? I doubt he would be happy about an employee refusing service to a customer for basically no reason.
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