Right to refuse service? Civil liberty issue?

Question

Is there such a thing as a right to refuse service? Is this a civil liberty issue?

I have a problem. My local pharmacy has refused to sell me an over-the-counter (yet behind the counter) product for no apparent reason; other than that I refused to say what I was going to do with it. BTW the product is intrinsically benign as it is something of a mechanical nature (not a medicine) and is safe for anybody to use. I would hazard to say it is safer in anyone's hands than the following, commonly abused, in-front-of-the-counter items: Listerine--can be bought by anyone to get drunk; Cough syrup--the abuse of this, in slang, is called Robo-tripping and has effects similar to PCP or ectstasy; according to WebMd.

My question is: Is there any legal grounds to sue? I have strong civil libertarian ideals and find that this rural pharmacy has treated me unjustly and is causing me undue hardship as I must now travel at least 45 miles (round trip) to purchase this item.

Answer 1

I always love it when a "libertarian" starts crying for government/legal help because someone or some business does something he doesn't like.



In Libertopia, businesses are perfectly free to sell or not sell items, either to the general public or to specific individuals. And the individual's remedy is NOT to sue, but instead to patronize another business, even if there IS no other business of the same type in the immediate area. Libertarians describe this as a free market, and claim that if enough individuals take their business elsewhere, that either a new store will open in the same area, which WILL sell the item to people, or that the old store will close, or both.



In Libertopia, government only exists to perform a very few, very limited funcions. Enforcing civil liberties isn't one of the things that they think that governments should do.



At any rate, even in the US, where your rights ARE somewhat protected, the store can refuse to sell you things, as a general rule. They can't refuse service to certain GROUPS of people, on the basis of race, religions, and sex, for instance. They can refuse service to individuals within the protected groups, as long as the refusal isn't based on inclusion in the group. For instance, if redheads are a protected group, and I'm a redhead, then a store can't refuse service on the basis of my hair color. However, if I'm an obnoxious redhead who shouts abuse at the workers or other customers, the store is allowed to refuse service to ME, even though I'm a member of a protected group.

Answer 2

No shirt, no shoes, no service.



The pharmacy is a private business.

It can set up its own laws, OR may be following your local municipalities laws.

Life, for instance, not selling spray paint to minors.



Now, you can sue, but given your back story I have a feeling you do not have the 5-10 grand an attorney would want as a retainer to get the ball rolling.

And who are you going to sue? The pharmacy? The Parent company? The manufacturer of the item you do not want to tell us about? The city where the pharmacy is?



What, exactly, are your financial damages because of the Pharmacy's policy?

You cannot sue for a gazillon dollars just because you want to. You have to show damages.

REAL damages.



And what about the Pharmacy's "libertarian ideals"? Don't they have the right to sell what they want to whom they want? Or does libertarian only apply to you?

Answer 3

No grounds to sue, and your civil liberties were not violated by a pharmacy. You have no legal right to purchase a product at that specific pharmacy.



Ironically, you claim to have strong libertarian ideals, yet want to use the Government to compel a private business to engage in commerce with yourself on your terms. Not very libertarian....at all. They are exercising their civil liberties of not doing business with people that they don't want to do business with.

Answer 4

Yes they have the right to refuse service to anyone...

They are not required by law to sell you anything they dont want to sell you especially If they suspect that you are going to use a product in a maner in which is was not intended.



Usually the only way that the "right to refuse service" option becomes a civil rights issue is if their reason for refusal is based on a person's race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability.



Just Order the item online and have it shipped to you...no need to drive 45 miles