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.
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.
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.
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.
- "From Civil Rights to Human Rights"; Thomas F. Jackson; 2007
- Omaha Police Department: Ban and Bar
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