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I was in a restaurant in New Jersey (USA) recently and witnessed the owners telling a (possibly) homeless person that he couldn't come inside because he smelled too bad. Is this legal?

More generally, are restaurants and other stores allowed to refuse entry to people for "looking homeless"? I often wonder about this in NYC, where I can imagine store owners wanting to create a "high-class" atmosphere in their store, but at the same time facing possible discrimination laws (and of course ethical issues).

bdb484
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WillG
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3 Answers3

31

Anti-discrimination laws apply to certain protected classes only. Homelessness (real or assumed) is not one of them, so it is perfectly legal to bar such people from your premises. It is also perfectly legal to bar people with red hair (assuming this is not indirect discrimination against certain racial groups). Nobody is required to serve everybody who comes in; what you are not allowed to do is ban women, homosexuals or other groups set out in the applicable statutes.

Tim Lymington
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24

Homelessness is a protected class in some jurisdictions.

Rhode Island and Illinois, for instance, have each adopted a "Homeless Bill of Rights" establishing the following guarantees:

(1) the ability to use and move freely in public spaces, including public sidewalks, parks, transportation, and buildings, among other spaces;

(2) equal treatment by state and municipal government agencies;

(3) freedom from discrimination while maintaining employment;

(4) emergency medical care;

(5) ability to vote, register to vote, and receive documentation necessary for voting;

(6) protection from disclosure of his or her personal records and confidential information; and

(7) a reasonable expectation of privacy over personal property to the same extent as one would have in a permanent residence.

Connecticut and Puerto Rico also provide some level of protection for the homeless. To the best of my knowledge, no such protections are in place in either New Jersey or New York City.

Exactly how far these laws go in protecting a homeless person's right to enter a store or restaurant will vary by jurisdiction.

For more about this topic, see the Yale Law Journal article, "Ban the Address: Combating Employment Discrimination Against the Homeless."

Community
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bdb484
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Was the individual prevented from entering because he was homeless or because he smelled bad? It seems that conclusions about the individual's living arrangements may not be the most relevant factor in this situation. From the description of the situation, it appears that the restaurant employees were concerned about an offensive odor, which is not a protected class in the US.

DSway
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