Of course it is discriminatory, but it is not unlawful to do so. One can discriminate all one wants, on whatever basis, other than the prohibited ones, and there is nothing that can be done about it except to avoid doing business there.Jusme wrote:I understand that they have the right to refuse business to anyone unless it falls into one of the discriminatory categories you mentioned, but can they do so by using effective notice for LTC holders as the reason? And what happens if, you come in and they tell you they don't allow guns, but you see other customers OC? As I have stated, I have no knowledge of this scenario occurring, but, would it not, at that point, become a discriminatory practice to allow carry by some, but not by all LTC holders? I know that 30.06 and 30.07 don't have categories for how a person is dressed, their hair length, skin color etc. but I was just accessing weird ideas that come to me to ask hypothetical questions.JALLEN wrote:Public accommodations cannot discriminate on the basis of of race, color, religion, or national origin. The Americans with Disabilities Act adds disabilities to those. Appearance isn't a prohibited basis. You can discriminate based on weird appearance all you like.Jusme wrote:
That's just it, they don't "have" to post signs to provide effective notice. It can be verbal, or written. It also leaves open the possibility for it to be arbitrary. Example: I walk in wearing a "Come and Take It" shirt, camo pants, and a 2A tactical cap, with my gun clearly visible in a skull and crossbones kydex holster, there is no signage so I haven't violated any laws yet. I'm met at the door by a security guard/manager who tells me " You can't bring your gun in here" I have been given effective notice. You come in right after I leave, and you are wearing a button down shirt, slacks and have your gun in a high and tight leather holster that matches you belt and shoes, the same guard/manager also knows you are carrying but you don't appear to be as scary looking so he doesn't say anything to you as you conduct your business. Discrimination? The only defining characteristic between us was the way we were dressed, but he uses the effective notice only on one of us. I don't know of that scenario occurring, but the possibility is there. JMHO
Now, if it turned out that all the OCers were men and women were being told no guns allowed, or Jews were carrying but Catholics weren't, etc, that might put a different slant on it, as there might be proof of prohibited discrimination, but if unkept long haired men were not allowed to carry, all you could do would be get a haircut. Profiling and all that.