2 ms·
The trespassing laws for commercial establishments are very problematic. I'm in favor of laws that prohibit refusing service when selling openly offered goods o
by jagrsw 2y ago
The trespassing laws for commercial establishments are very problematic. I'm in favor of laws that prohibit refusing service when selling openly offered goods or publicly offered services, with clear exceptions such as aggressive behavior, outrageously bad hygiene, requirements for proper attire etc. Rude behavior, shoplifting and other annoyances fall under separate laws.
This should apply even to past criminals.
Such laws protect against racism and other forms of discrimination, and they help integrate convicts back into society, at the cost of "commercial freedom".
In jurisdictions with these laws (I know at least one), it's impossible to create, for example, bars only for men or only for women or refuse service to people we don't like (also, because they belong to some group, incl. morally reprehensible groups). There are some hacks around this and exceptions, but generally, it works and solves more problems, than it creates. Private gatherings or clubs are likely ok (nondiscrimination laws should still apply).
UK and US are outliers here with their "can refuse service to anyone" approach.
- Waterluvian 2y agoCan you name the “at least one” jurisdiction? I’m curious where there’s a law saying you can’t reject service to, say, Nazis. I’ve only known examples where you’re free to reject anyone for any or no reason as long as it’s not because they’re one of a very small list of protected groups.
- jagrsw 2y agoPoland is one: 138 misdemeanor law: Whoever, professionally engaged in the provision of services, demands and collects a payment higher than the applicable fee for the service, or intentionally, without a justified reason, refuses to provide the service to which he is obliged, shall be subject to a fine. Some forms of propagation of fascism, communism and nazizm is prohibited in Poland, but I guess it probably would be illegal to refuse service to someone who otherwise declares support for some reprehensible ideas, and does that privately, so it doesn't fall under hate or other laws.
- Waterluvian 2y agoThanks for the example and name, so I can look it up and read further.