I, as a business owner (eg: a restaurant), am allowed to deny entry to persons I dislike (eg: a previous patron who was violent) from my business.
Actually, no. At least in New York State. While you can ban someone for the "violent" offense you picked, you cannot "deny entry to persons [you] dislike."
The victim in this case, being a lawyer, is taking the clever and lawyerly route with this:
Davis is now upping the legal ante, challenging MSG’s license with the State Liquor Authority.
"The liquor license that MSG got requires them to admit members of the public, unless there are people who would be disruptive who constitute a security threat," said Davis.
That's the thing that gets me. I get the desire to retaliate against people you feel have wronged you somehow, but as an actual strategy it seems like playing games like this with lawyers invites more trouble than it's worth. If they're trying to collect evidence, they will just send in an uninvolved third party to do it, not go themselves. But by attacking them personally, now they're going to use their legal skills to give you a headache.
Any other occupation isn't allowed to use their occupation to retaliate
Sure they do. It happens all the time. Politicians do it. Food service workers. Tradesmen.
One place I worked pissed of a local plumber's union, and guess what — a week later the city condemned the sewer pipe leaving the building. Once we made up with the union, the city magically changed its mind.
If the liquor license really limits who can be denied service, then I don't consider this to be retaliation.
By analogy, if a lawyer is denied entry because they are black and they sue, that isn't retaliation it is just requiring the business to follow the law. If a lawyer is denied entry for some legitimate reason (say drunk and belligerent), and they dig up some other unrelated offense to sue about (while ignoring the hundreds of other establishments with the same minor offense), then that is retaliation.
She’s not illegally “retaliating”. MSG wants to ban her so they must forfeit the liquor license. She is pointing out the rules of a license that MSG is violating. What’s wrong with that? MSG could forfeit it and keep her banned and all is square.
>you cannot "deny entry to persons [you] dislike."
I think that's 100% legal, even in NYS. You can't deny entry based upon membership in a protected class, but other than that, you can't be forced to serve someone!
Actually, no. At least in New York State. While you can ban someone for the "violent" offense you picked, you cannot "deny entry to persons [you] dislike."
The victim in this case, being a lawyer, is taking the clever and lawyerly route with this:
Davis is now upping the legal ante, challenging MSG’s license with the State Liquor Authority.
"The liquor license that MSG got requires them to admit members of the public, unless there are people who would be disruptive who constitute a security threat," said Davis.