Should I press charges

[rlt152]

Jurisdiction

Pennsylvania

When I was at a restaurant tonight I was what I thought very inappropriately asked to leave over something they told me happened the last time I was there, which was not the case as I dined there only days earlier without any trouble. The person than said that I slamed the menu and was (as crazy as this sounds) yelling at it and that the waitress felt threatened and told him and that I had to leave because of it, which I think is next to impossible since he came over to me almost right after the waitress left and I know for a face that she was walking in another direction. What actually happened is that I very politely asked for a Coke as a drink and I than began to look at the menu whispering out loud what entries I may want to have. The only real thing I can think of was that there was a 2nd menu containing wines they had but since I don't drink wine I put it to the side but I did not slam it. I think that without real warning I was told to leave the restaurant or else he was going to call the police and I had no way to defend myself. I believe he was trying to get me out of there strictly on a false accusation. I also think that I was taken advantage of because I was there by myself, I think that if I was there with other people, and in particular if I was there with young children, they never would have acted that way. So what do you think do I have a case.

 

[army judge]

I think that if I was there with other people, and in particular if I was there with young children, they never would have acted that way. So what do you think do I have a case.

I doubt that you have a legal remedy to what you perceived as a slight.

You might wish to consider no longer patronizing a business that doesn't appreciate your custom.

 

[rlt152]

I doubt that you have a legal remedy to what you perceived as a slight.

You might wish to consider no longer patronizing a business that doesn't appreciate your custom.

True but was a place I enjoy going to, I would typically go a few times a month and would tip very generously (usually over 20% evey time), I just believe I was thrown out for no reason.

 

[justblue]

When I was at a restaurant tonight I was what I thought very inappropriately asked to leave over something they told me happened the last time I was there, which was not the case as I dined there only days earlier without any trouble. The person than said that I slamed the menu and was (as crazy as this sounds) yelling at it and that the waitress felt threatened and told him and that I had to leave because of it, which I think is next to impossible since he came over to me almost right after the waitress left and I know for a face that she was walking in another direction. What actually happened is that I very politely asked for a Coke as a drink and I than began to look at the menu whispering out loud what entries I may want to have. The only real thing I can think of was that there was a 2nd menu containing wines they had but since I don't drink wine I put it to the side but I did not slam it. I think that without real warning I was told to leave the restaurant or else he was going to call the police and I had no way to defend myself. I believe he was trying to get me out of there strictly on a false accusation. I also think that I was taken advantage of because I was there by myself, I think that if I was there with other people, and in particular if I was there with young children, they never would have acted that way. So what do you think do I have a case.

A case for what?

 

[justblue]

True but was a place I enjoying going to, I would typically go a few times a month and would tip very generously (usually over 20% evey time), I just believe I was thrown out for no reason.

They are allowed to toss you out for no reason.

 

[rlt152]

A case for what?

A case to file a lawsuit?

 

[justblue]

A case to file a lawsuit?

For what?

 

[rlt152]

They are allowed to toss you out for no reason.

I'm not sure about that, I am certainly thinking about contacting a lawyer.

Plus as I was a fairly loyal customer I think it was more their loss than mine.

 

[rlt152]

I also believe that behavior at a previous outing should not have any bearing on future outings, about a year ago I was thrown out of a dining and entertainment district for inappropriate behavior at the time but I have gone back and visited the place several times since with no issues whatever. But like I said I didn't behave inappropriately the last time I was at that restaurant.

 

[justblue]

I'm not sure about that, I am certainly thinking about contacting a lawyer.

Plus as I was a fairly loyal customer I think it was more their loss than mine.

The White House Press Secretary was tossed out of a restraint because the servers hated her boss and her public comments.

Call 20 attorney's....The eatery did nothing illegal.

 

[cbg]

You cannot "press charges"; that implies something criminal was done. It wasn't. If you have anything, which is questionable at best, it would fall into civil law. No charges are applicable.

Now, please tell me what law (civil OR criminal) makes it mandatory for them to do business with you.

 

[justblue]

I also believe that behavior at a previous outing should not have any bearing on future outings, about a year ago I was thrown out of a dining and entertainment district for inappropriate behavior at the time but I have gone back and visited the place several times since with no issues whatever. But like I said I didn't behave inappropriately the last time I was at that restaurant.

You can believe what you want...but no establishment HAS to serve you.


Caveat: State/Federal recognized discrimination actions do not apply to this thread, so I am not considering that in my advice/opinions.

 

[mightymoose]

Agreed. Nothing to see here.
No action to take.

It is understandable that you might be upset, and perhaps they are wrong or unfair, but nothing illegal happened.

Your best bet is to move on... Find a better place where they appreciate your business.

 

[Highwayman]

...about a year ago I was thrown out of a dining and entertainment district for inappropriate behavior...

In all of my fifty plus years I have never been thrown out of a restaurant or even politely asked to leave. I don't know of anyone that I know having it happen to them either. The fact that this happened twice to you (at least) in a year indicates that you may have a problem that you're not aware of.

 

[zddoodah]

do I have a case.

A case of what?

Business establishments have the right to refuse service. As long as a refusal isn't based on something like race, gender, religion, etc., there's nothing illegal or unlawful.

I just believe I was thrown out for no reason.

Nothing in the history of the world has ever happened "for no reason." There's always a reason, even if you don't know what it is or the reason is objectively silly.

 

[rlt152]

Thanks for all of the posts, I did contact a few lawyers today (including one who I went to high school with and knew me well) and they all basically said what you have said. I know it is going to be hard for me to accept the restaurant getting off scot-free but it is just something I will have to live with.

Also to the people who said that nothing illegal was done, well if it is a civil case than nothing illegal has to be done, if it caused harm to the client they can be sued (which is why I should have probably said something like file a lawsuit instead of press charges). But as you and a few lawyers told me I still don't have much of a case given that I was not physically injured in the event.

To the person who replied on my incident over a year ago, that involved drinking and a few other things so it was justified, although I should also probably mention that I was only kicked out of the indoor part and could have stayed on the outdoor part if I chose to. But I have since been welcomed back to the entire establishment, a local radio station routinely has free concerts there and I have been to at least 3 since the incident happened without any issues whatsoever.

Obviously this is not the outcome I would have liked but something I have to accept.

 

[zddoodah]

I know it is going to be hard for me to accept the restaurant getting off scot-free but it is just something I will have to live with.

Yeah...it's terrible when folks "get[] off scot-free" for things that are completely legal.

Also to the people who said that nothing illegal was done, well if it is a civil case than nothing illegal has to be done, if it caused harm to the client they can be sued (which is why I should have probably said something like file a lawsuit instead of press charges). But as you and a few lawyers told me I still don't have much of a case given that I was not physically injured in the event.

"Illegal" means more than just violation of criminal laws, and my previous response mentioned "unlawful" as well. The reason why you have no viable case is not because you were "not physically injured." Rather, it's because no legal wrong occurred.

 

[rlt152]

Yeah...it's terrible when folks "get[] off scot-free" for things that are completely legal.

Legal or not if someone feels they were violated and traumatized it is still hard for them to accept the person/place/thing getting off with no punishment. People have even taken other people/parties/businesses to court and it was later ruled that they did nothing illegal but does that mean the the other party shouldn't feel upset about it.

What I was saying that since I though I was unfairly taken advantage of (regardless of if any laws were broken), and it is difficult to come to terms with the fact that there will be no repercussions, at least from my standpoint.

 

[Zigner]

Legal or not if someone feels they were violated and traumatized it is still hard for them to accept the person/place/thing getting off with no punishment. People have even taken other people/parties/businesses to court and it was later ruled that they did nothing illegal but does that mean the the other party shouldn't feel upset about it.

What I was saying that since I though I was unfairly taken advantage of (regardless of any laws were broken), and it is difficult to come to terms with the fact that there will be no repercussions, at least from my standpoint.

See - that's the problem. You "thought" you were unfairly taken advantage of when you were, in fact, not. It is your perception that is the problem.

 

[rlt152]

"Illegal" means more than just violation of criminal laws, and my previous response mentioned "unlawful" as well. The reason why you have no viable case is not because you were "not physically injured." Rather, it's because no legal wrong occurred.

People can still file civil charges even if no legal wrong occurs, it happens all of the time in our legal systems and sometimes they even make it to court and even win cases. Civil law does not require legal wrongs to happen in order for a case to be filed.

If I really wanted to I probably could have found a lawyer willing to file a civil suit, however it is very likely that it would not make it very far and thus it is not worth my time to do so. But it is still a legal option for me.