Scottsbluff, NE asked in Civil Litigation and Civil Rights for Nebraska

Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff that I needed. A staff came up to me, starting to threaten me, that if I don't get out they will call the cops on me. That I was banned. Didn't let me pay for my items and took what was already paid for. It is also where I go to pick up prescriptions. The reason why I can't switch pharmacies is that I can't drive and if I walk too much, I'll get to the point of being in so much pain that I can't even do anything. And this place is just the closest walking distance to where I live

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In Nebraska, as in most states, private businesses, including stores with pharmacies, generally have the right to refuse service or ban individuals from their premises. This can be for various reasons, as long as it's not based on discrimination against a protected class under civil rights laws.

However, if you need access to the pharmacy for your prescriptions and the store is your only feasible option, it's important to address this issue directly with the store management. Explain your situation and the necessity of accessing the pharmacy due to your health and mobility limitations. It may be possible to arrange an understanding or compromise that allows you to access the pharmacy services without entering other parts of the store.

If direct communication with the store does not resolve the issue, you might consider seeking legal advice. An attorney can provide guidance on your rights and any potential accommodations under the Americans with Disabilities Act (ADA), especially if your mobility issues qualify as a disability.

Another potential workaround could be exploring if the pharmacy offers delivery services or if there are other pharmacies nearby that do. This could provide an alternative means to receive your medications without having to physically enter the store.

Remember, communication and understanding the store's perspective while explaining your own needs can often lead to a mutually agreeable solution.

Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: So long as the reason is not discriminatory, a private place of business can ban you from entering their premises. You can speak with management to see if they will un-ban you or if there is another work around. There are also options like delivery and mail order pharmacy depending on the medication at issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.