Sacramento, CA asked in Consumer Law and Business Law for California

Q: If a store changes owners does the old owner have the right to tell the new owner a person is not allowed in the store

My boyfriend whom works at the store told me that my aunt whom owns the store says I'm not allowed to come in the store anymore..and didnt give any explanation why..is this legal

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In general, a property owner or business operator has the right to refuse service to anyone, as long as the reason for refusal is not based on a protected characteristic such as race, color, religion, national origin, disability, or other factors covered by federal and state anti-discrimination laws.

When a store changes ownership, the new owner typically has the authority to make decisions about who is allowed to enter the store, regardless of the previous owner's policies. However, there are a few things to consider:

1. If there is a valid reason for banning you from the store (e.g., previous misconduct or shoplifting), the new owner may choose to uphold the ban.

2. If the ban is based on a protected characteristic, it could be considered illegal discrimination.

3. If you have a legal right to be on the property (e.g., you are a tenant in a building where the store is located), the ban may not be enforceable.

Without knowing the specific reason for the ban, it is difficult to determine whether it is legal or not. If you believe that the ban is unjustified or discriminatory, you may want to consider seeking legal advice to understand your options.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: Yes, if a store changes owners the old owner does have the right to tell the new owner a person is not allowed in the store. The new owner, however, will decide whether to follow this advice.

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