Can active duty military memberbe denied services from a tattoo parlor solely on the fact that an employee doesn’t have a good opinion of them?

UPDATED: Sep 1, 2011

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Can active duty military memberbe denied services from a tattoo parlor solely on the fact that an employee doesn’t have a good opinion of them?

I came back from my duty station in CA. My mom had a gift certificate and gave it to me. My sister’s boyfriend, who has fallen out of our family, apparently talked to his whole shop and I have been banned from the parlor. Also, he has made false claims about PTSD and basically made it sound like I was coming with malicious intent. I have everything I said and nothing can be misconstrued as a threat.

Asked on September 1, 2011 under Business Law, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In California a business owner (or his or her employees) has the right to refuse service to anyone so long as the refusal is not based upon any improper discrimination (sexual orientation, gender, ethnicity, religious preferences and the like).

If the business refused services to you, you should go back and request that the gift certificate that you have for it be cashed out and that you receive its cash value in lieu of services. If you are refused the cash out, then insist on the services for the certificate. If services are refused, then you should then make a complaint with the city/town's business license division on the grounds that the business is not honoring its issued and paid for gift certificates.

The refusal to honor the gift certificate could result in an unfair business practice claim.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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