Can You Legally Be Banned From Eating At A Restaurant?

[Jingthing]

OK, this is kind of a funny story, but it's real.

I was recently threatened by a restaurant manager that the next time I complained about an order that I would be BANNED from the restaurant.

This is a place that I have eaten at several times and yes about half the time the staff mess up my order and I have to have it fixed. It's a complex menu and there are language problems and yes I am particular about my food. Sometimes the staff agrees to fix the problem and sometimes they fight me.

This recent incident they didn't want to fix it for me so I demanded to speak to the manager.

He didn't want to help me either and didn't want to believe my story on the communication issue with the waiter. So it got kind of hot ... both of us.

I eventually figured out a way the order could be fixed saving his face, but in the process he said next time there was an issue, he would BAN me from the restaurant.

The thing is I don't wish to be banned from this particular restaurant but I also don't wish to be served messed up orders without recourse, which based on previous history, is bound to happen again (and again and again).

Of course I could choose to ban myself, it wouldn't kill me, but I don't want to.

So IF it comes to the point where the hothead manager says you are outta here assuming I haven't broken any laws, skipped any checks, does he actually have the LEGAL right to enforce that?

For example if I go in there and sit down, especially when he isn't there, do you think the staff would just refuse to serve me ... for hours? Seriously, what if they called the police, what could they say, this man wants to place an order?

Obviously, I can't name the restaurant so don't bother asking.

Edited March 7, 2013 by Jingthing

[uptheos]

Private business, can choose whoever he wants or doesn't want in his establishment.

[Jingthing]

Private business, can choose whoever he wants or doesn't want in his establishment.

But he isn't the owner. I question his authority as a manager and if he isn't there how could they stop me from sitting down ?

[FWIW]

You enjoy eating food that people have spat in?

I would have thought the first rule of thumb in any restaurant is "don't piss off the waitstaff" (as well as the chef if you are known for routinely sending food back).

One area that might be causing friction is someone may be out of pocket for a wrongly cooked dish, and if you are routinely costing people money - your custom may simply not be worth it.

Edited March 7, 2013 by FWIW

[Yo Sup]

Learn to cook, it works for me...

[Jingthing]

You enjoy eating food that people have spat in?

I would have thought the first rule of thumb in any restraunt is "don't piss off the waitstaff" (as well as the chef if you are known for routinely sending food back).

One area that might be causing friction is someone may be out of pocket for a wrongly cooked dish, and if you are routinely costing people money - your custom may simply not be worth it.

It's a little more complicated than that. For the most part what I have requested wouldn't cost them anything. I've have been incorrectly overcharged there as well a number of times and resolved those conflicts every time, not always pleasantly. Yes I'm concerned about spit or worse.

I'm more interested in the legalities of this. I don't think I've done anything wrong and certainly nothing illegal. I've eaten in many hundreds of restaurants in my life and only had serious conflicts like this in a tiny number of them, so even though the manager thinks I'm the problem, I don't buy it. I guess I accept if the OWNER booted me, that would be it, but not clear yet that a hotheaded manager (yes I admit I think the man is stupid) can do that.

Edited March 7, 2013 by Jingthing

[manarak]

Private business, can choose whoever he wants or doesn't want in his establishment.

But he isn't the owner. I question his authority as a manager and if he isn't there how could they stop me from sitting down ?

yes, the manager acts as a proxy for the tenant of the premises who exercises property rights which include the ability to forbid access to any person.

[Jingthing]

Private business, can choose whoever he wants or doesn't want in his establishment.

But he isn't the owner. I question his authority as a manager and if he isn't there how could they stop me from sitting down ?

yes, the manager acts as a proxy for the tenant of the premises who exercises property rights which include the ability to forbid access to any person.

OK, so you are saying they could call the police and the police would actually kick me out for sitting there (in their very pleasant premises) waiting to place an order?

[HeavyDrinker]

Private business, can choose whoever he wants or doesn't want in his establishment.

But he isn't the owner. I question his authority as a manager and if he isn't there how could they stop me from sitting down ?

yes, the manager acts as a proxy for the tenant of the premises who exercises property rights which include the ability to forbid access to any person.

OK, so you are saying they could call the police and the police would actually kick me out for sitting there (in their very pleasant premises) waiting to place an order?

I would!!!

Blimey!

[harrry]

I understand he does not even have to call the police. He is entitled to use reasonable force to ensure you leave. If you want to see what reasonable force is see what US or UK police use to arrest. This is reasonable force as it is all they are allowed to use.

Edited March 7, 2013 by harrry

[Jingthing]

I understand he does not even have to call the police. He is entitled to use reasonable force to ensure you leave. If you want to see what reasonable force is see what US or UK police use to arrest. This is reasonable force as it is all they are allowed to use.

I'm having a hard time picturing this. Someone wants to order food and spend money being violently removed. I don't believe they would do that at this particular place. It's not a go go bar. I guess I think he was bluffing, thinking that the threat would scare me. We'll see. I'll avoid the place for a spell. Thanks for the feedback.

So just for amusement sake, Thailand having such weird slander/libel laws IF they did ban me could I take them to court for banning me without proper grounds, ruining my stellar reputation in the community?

Edited March 7, 2013 by Jingthing

[Chicog]

Sounds to me like you're a pain in the arse and they want rid of you.

Do them and yourself a favour and learn to cook your favourite dishes.

All of your finickiness probably increases the waiting time for other customers as well, so you're being selfish, too.

Plus, as someone rightly pointed out, that demiglaze on your next dish there might not be what you think it is....

[Jingthing]

The type of food they are serving is not something I would ever cook myself. Period. And it has limited availability where I live. If there were lots of options I would certainly be happy to ban myself. The place is rarely busy so the idea that I'm hurting other customers is BS.

I agree this place thinks I am a pain the arse. That's kind of obvious. My perspective is that their menu is very poorly designed and they fail to train their waiters.

Edited March 7, 2013 by Jingthing

[manarak]

Private business, can choose whoever he wants or doesn't want in his establishment.

But he isn't the owner. I question his authority as a manager and if he isn't there how could they stop me from sitting down ?

yes, the manager acts as a proxy for the tenant of the premises who exercises property rights which include the ability to forbid access to any person.

OK, so you are saying they could call the police and the police would actually kick me out for sitting there (in their very pleasant premises) waiting to place an order?

no, they need to first ban you formally (by telling you).

if then you refuse to leave or come back, they can call the police to throw you out.

Edited March 7, 2013 by manarak

[HeavyDrinker]

JT, do you leave home in the morning thinking "What can I do today that I can post about on TV"?

Google 'ROAR".

If they don't want some fussy quent sitting in their bar looking for faults to post about on TV then they, 'real' manager or not, can tell you to sling your hook...

Edited March 7, 2013 by HeavyDrinker

[Chicog]

What sort of food are we talking about?

[Jingthing]

OK, I get it. They can throw me out even if I haven't broken any laws.

[Payboy]

Better that they ban you, than they do a McJob on your food before it comes out of the kitchen.

[HeavyDrinker]

Excellent....

[Jingthing]

I find in Thai culture, complaining is taboo, and the customer is always wrong ...

[HeavyDrinker]

I find in Thai culture, complaining is taboo, and the customer is always wrong ...

Indeed! Do as the Thais do then and go elsewhere where you are wanted.....

[Morakot]

Happened to me many times! Especially when I order a $900 bottle of wine and after the waiter opening and me sampling it, I then announce I'd rather prefer the house red.

Edited March 7, 2013 by Morakot

[richard_smith237]

JT, every day must be a whole new adventure for you... Anything happen on the Baht Bus on the way back from the restaurant ?

[HeavyDrinker]

JT, every day must be a whole new adventure for you... Anything happen on the Baht Bus on the way back from the restaurant ?

Don't encourage him Richard...

[Scott]

It's relatively simple. You write down what you want and that's what you order. And only that and order the same thing every time.

[manarak]

OK, I get it. They can throw me out even if I haven't broken any laws.

It's not about breaking laws, it's about property rights.

The tenant has the right to decide who is allowed on the premises and who is not.

[Jingthing]

JT, every day must be a whole new adventure for you... Anything happen on the Baht Bus on the way back from the restaurant ?

I wish every day was an adventure. What's wrong with that?

Edited March 7, 2013 by Jingthing

[Jingthing]

OK, I get it. They can throw me out even if I haven't broken any laws.

It's not about breaking laws, it's about property rights.

The tenant has the right to decide who is allowed on the premises and who is not.

So deliveries are OK?

[manarak]

It's relatively simple. You write down what you want and that's what you order. And only that and order the same thing every time.

A written order. I think that is a good idea.

[manarak]

OK, I get it. They can throw me out even if I haven't broken any laws.

It's not about breaking laws, it's about property rights.

The tenant has the right to decide who is allowed on the premises and who is not.

So deliveries are OK?

The relevant law would not be the same, but I believe a business also has the right to decline serving specific individual customers.