The Legal Rights of a Business to Ban a Person From Their Property

by Aaron Charles

Barring an individual from a business establishment involves considering legal history and the situation's dynamics. This consideration must also incorporate not only business rights, but human rights as well.

History

Before the Civil Rights Act (CRA) of 1964, U.S. federal and state courts systematically supported a business' right to bar anyone from their premises, even refusing public service on a racial basis. After the CRA, however, consideration of human rights intertwined with exercised private property rights.

Features

Private property rights give businesses some authority in banning a person from their property. For instance, the Omaha Police Department (OPD) offers security assistance to area business owners if an individual threatens peace and order, thus interfering with the owners' right to conduct business.

Considerations

In exercising these rights, the OPD recommends enforcing them sparingly, reserving authoritative action for those who repeatedly cause trouble. Further, a "ban and bar" notice should be issued to the offending individuals as proof of warning. Thereafter, any return to the premises can be met by legal and forced eviction.

References

About the Author

Aaron Charles began writing about "pragmatic art" in 2006 for an online arts journal based in Minneapolis, Minn. After working for telecom giant Comcast and traveling to Oregon, he's written business and technology articles for both online and print publications, including Salon.com and "The Portland Upside."

Photo Credits

  • LWA/Stephen Welstead/Blend Images/Getty Images