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Originally Posted by MTI
Eh? Unless there's a specific priviso in the lease, usually any lawful activity can be undertaken by the retail tenant, including refusal of service to anyone, on private property. Not smart business-wise, but illegal?
The exception for race, color, ethnic background comes from the Civil Rights Act, but for some reason, while it includes restaurants, did not include retail stores, as part of businesses that could not discriminate on a racial basis. Unless I missed it, I don't think the Act has ever been broadened to include retail stores and Federal courts have routinely ruled against cases involving retailers.
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I'm not challenging but I would like to see that, the reason I mentioned leases is Mall leases are a mile long and usually state exactly what you can and can't do. Here's an example: a certain home improvement chain clearly states in the lease that Chinese restaurants cannot be on the same site. don't ask me who what or why, I won't answer it. In fact most national chains have that clause in a lease agreement.
Then state laws trump the CRA, like protecting gays and French people.
