That is not the same situation at all. If the manager or owner or apparent agent of any establishment or house demands that you leave, if you do not, you are then trespassing and if they call the police, the police must escort you from the property. If the person who demanded you leave violated your civil rights in doing so, you can only seek a remedy to that in court (both actual civil court and the court of public opinion). The police don’t get to make that call.
When they pull you over for speeding, they have observed you violating a traffic law of the state. They represent the state here. They aren’t intervening on behalf of a separate party. They are the other party. Them giving you a warning would be analogous to the business owner changing their mind and deciding they don’t want you trespassed and withdrawing their demand for you to leave.
I thought businesses can refuse service for any reason as long as it doesn’t violate federal, state or local laws (mainly against discrimination of a protected class?)
Anyway, doesn’t apply here because clearly this was just a racist bigot being a racist bigot.
So, what I’m not seeing addressed yet: Surely, surely there’s some level of personal liability for such a flagrant violation? IANAL but I find it hard to believe that the two drivers wouldn’t have a case against her for it.
Yes it is illegal to discriminate or refuse service, but the business can just claim they were being “disruptive” and the cops have to ask them to leave. The issue will be litigated in the courts, not by the cops on the side of the road.
Having said that, Denny’s has some deep pockets, and I see quite the lawsuit brewing here.
I think they just wanted some food, not a legal battle. Then again, as my African American Studies Professor used to tell us, “Somebody’s got to take the bullets!”
