Can Democrats sue a reQublicOn business for discrimination?

[KS Toronado]

My brother who was a body shop manager bought most of their paint and supplies from one store owned
by an R, and even though they discussed and argued politics often, were life long friends.

Owner passed away 4 years ago and his R son took over the business, my brother continued to buy there.

My brother retired earlier this year and decided to make his ElCamino SS look showroom fresh again with
paint from his go-to paint store. Called in the paint and supplies he needed, went down a few hours
later to pick the stuff up and while the counterman was totaling up his bill, the R son seen my brother,
went over to him and asked if he had retired from the body shop.

Brother informed him that yes he had, and then the R son said things like....

I don't want your business
Get out of my store
Don't come around when I'm not here
No shirt, No shoes, No Libtards
And other anti-Democrat/Biden things

R son grabbed the paint he ordered and informed the counterman not to sell him any supplies or he was
fired while walking away with the paint. Counterman said if he could afford it, he felt like quiting that day.
Brother left and went to their competitor for his needs.

Asked my brother if they had a posted sign "We reserve the right to refuse service to anyone"
He was unsure. So could he sue for discrimination based on politics? Son has to be a MAGAt.

[Ocelot II]

1. Nope. Political affiliation doesn't create a protected class.

You could choose not to sell to or buy from a GOPer; that's protected by the constitutional right to free association. The public accommodation laws deal with protected classes, e.g., race (you can't refuse to do business with someone because of their race, for example).

This moron is just hurting his own business; let him do it. Most sensible merchants keep their politics to themselves for obvious reasons.

[Zeitghost]

2. He can sue, but

He would have no case as political beliefs are not a protected class. A business can refuse service, with or without a posted sign for any reason that is not related to discrimination against protected classes.

[RockRaven]

3. Protected classes (which ought not be discriminated against) include:

Race
Color
Religion/creed
National origin/ancestry
Sex (including gender, pregnancy, sexual orientation, and gender identity)
Age
Physical/mental disability
Veteran status
Genetic information
Citizenship


Political affiliation/beliefs are not protected. And they shouldn't be, imo.

[The Grand Illuminist]

7. Here is the thing....

Last edited Mon Nov 14, 2022, 10:28 AM - Edit history (2)

If political affiliation became a protected class, then Paul Pelosi's attacker would be facing life without parole as this would legally be a hate crime. Plus congress members that were targeted by J6 insurectionists would be able to litigate for security restitution against their attackers under civil rights violations. With the rise of political violence, either physical or stochastic, it is that reason that political ideology, affiliation and party must be a protected class.

[TheBlackAdder]

4. He should be thankful that he found another supplier and should have switched years ago.

.

He should post Yelp and other online reviews that the shop does not want "Libtard" business.

.

[ProfessorGAC]

5. Alas, No

As others have said, it's only legally discrimination if the victim of it is a protected class.
Political preference is not a protected class.
Now, your brother can still sue, because anyone can sue anybody over anything.
But, he'd more than likely never even get to trial.
A judge would probably toss it out.

[Ocelot II]

6. A lawsuit would be fruitless but maybe a Yelp review?

Your brother could post a review complaining about poor customer service, stating the facts of the incident truthfully:

"I have done business with the owner's father for many years, but the owner recently threw me out of the store, insulted me and refused to sell me the paint I had ordered because he was aware of my liberal political beliefs, with which he disagrees vehemently. Mr. X has the same right to his opinions as I have to mine, but refusing to do business with someone who disagrees with him is the epitome of terrible customer service. I am now buying all my paint from his competitor, Y, who provides excellent service and does not interrogate or insult me about my politics."