LAB-62-Can a Business Legally Refuse Service to Bikers Wearing Patches/Colors?

OFFICIAL WEBSITE: http://www.lawabidingbiker.com

PODCAST-Is it legal for private businesses to refuse service to members of the law abiding biker motorcycle clubs for simply wearing "colors", club affiliation patches worn on biker's vests? We have been asked this question many times here and recently received a voicemail asking this very question once again. You may hear many different things and less than truthful information and that can be frustrating for many bikers. So, as usual we broke it down for the biker community, so listen in on this debate and information! At the end of the day it doesn't really always matter what we as bikers believe should happen, but what is fact. Know that this will likely be a civil issue unless your behavior turns it into a criminal issue.

Things to think about before acting:

If you are confronted with a business refusing service to you as a biker then take a breath, leave calmly, and never go back to or support that business. You will never win by causing a scene or getting disorderly. If you believe your civil rights have been trampled then converse with an attorney to see what your legal options are if any. At best it will be a long expensive drawn out civil lawsuit, so choose wisely.

Further, share your experience with as many bikers as you can via podcasts, other social media platforms, local media etc. In this day an age it is not tough to get the word out to let bikers know of "not biker friendly" establishments and we can hit them in the pocket book where it really matters. This may also bring awareness to many. There are websites and social media platforms dedicated to this.

It will serve no purpose to cause a scene, as the business will then really have a reason to have you leave the premises. Plus, that is exactly how these business owners expect you to act, because they watched one television show at some point in their life depicting criminal bikers. Do the entire biker community a favor and walk away and handle it through proper channels. We don't want to damage the image criminal bikers have already given us, which is why these businesses don't want us in their establishment in the first place. Do your best to be polite and make them double think their decision.

You have to realize that most persons that aren't in the motorcycling community may not readily know the difference between patches and clubs, so patience and education over time and our actions is the only way to handle this.

Federal Civil Rights Act:

The Federal Civil Rights Act guarantees all people the right to "full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, or national origin."

The right to refuse service-Can they really do this?

Like it or not, businesses or venues appear to have the right to refuse service at times, but there are civil rules and guidelines for that sort of action. Much of this argument is subjective and not objective. What I mean is that if a business simply admits that they refused service to a biker with patches solely for that reason, then that biker may have a civil case. Or clearly, if they refused service based on race, color, religion, or national origin then they would have a civil case.

However, it seems clear that if the business believes that your [biker] admittance may cause issues or safety concerns then they can refuse admittance or service. That would be the "subjective" intent of the business owner. Not just the "objective" matter of you wearing a patch and that you belong to a motorcycle club.

Case law seems to point towards some guidelines:

Owners of establishments, or venues, cannot just arbitrarily discriminate because they don't like what someone is wearing. If an establishment does have a dress code, they must enforce the dress code uniformly so that it is applicable to all, and so that it is not enforced in a discriminatory manner.

So, it seems that if an establishment has a "no biker club patches allowed" policy and enforce it uniformly to everyone then they seem to be within their authority and following case law.

Additional Considerations:

In addition to the protections against discrimination provided under federal law, many states have passed their own Civil Rights Acts that provide broader protections than the Federal Civil Rights Act. California's Unruh Civil Rights Act makes it illegal to discriminate against individuals based on unconventional dress or sexual preference.

Our Tech Gripper Cell Phone Motorcycle Mount Affiliate Link:

• Need a motorcycle cell phone or GPS mounting solution Bikaholics?
  • That's right, the Law Abiding Biker Podcast approves of these mounts & we personally use them on our motorcycles!
    • Great looking mounts, good prices, and fast shipping?
    • Check out our COMPLETE REVIEW
    • Check out these awesome cell phone mounts
    • No additional cost to your, but we get a small commission for each sale.

In a recent case, a California court decided that a motorcycle club had no discrimination claim against a sports bar that had denied members admission to the bar because they refused to remove their "colors," or patches. The court held that the refusal of service was not based on the club member's patches, but was to protect a legitimate business interest in preventing fights between rival club members. Again, I point out the subjective intent of the business for the refusal of admittance or service.

Note that a California court decided that a restaurant owner could not refuse to seat a gay couple in a semi-private booth where the restaurant policy was to only seat two people of opposite sex