Question about being thrown out of a coffee shop

Status
Not open for further replies.

Iusedtoanalog

Ultra Member
ECF Veteran
Verified Member
Mar 17, 2011
1,197
430
Pennsylvania
Ignorant people do ignorant things. Filing suit would only make you look like a jerk. The owner appologized, security didnt have an issue. Call him a jerk, and let that be that. Dont wind up being that guy who gets all us banned from vaping in public because some guy in the bible belt of mississippi got a knot in his panties about your e-cig. It looks/feels/satisfies us like smoking(thats why we all do it), remember that just because its not ACTUALLY smoke we all cant vape everywhere WE fell we want. RESPECT IS MUTUAL.
 

AlmightyGod

My friends call me A.G.
ECF Veteran
Verified Member
Nov 23, 2010
10,685
9,506
Vaping Heaven
Ignorant people do ignorant things. Filing suit would only make you look like a jerk. The owner appologized, security didnt have an issue. Call him a jerk, and let that be that. Dont wind up being that guy who gets all us banned from vaping in public because some guy in the bible belt of mississippi got a knot in his panties about your e-cig. It looks/feels/satisfies us like smoking(thats why we all do it), remember that just because its not ACTUALLY smoke we all cant vape everywhere WE fell we want. RESPECT IS MUTUAL.

Great post...LOL!!!
 

AmyB66

Ultra Member
ECF Veteran
Feb 4, 2010
2,042
139
In A Padded Cell
I'd say take a chill pill. If he didn't want it in his store then so be it. If I owned a store I wouldn't let suit wearing people in.

Well at least only the ones that think they are of higher standard because the do wear a suit!
LOL! I was kinda thinking along the same thing you were GP!
 

Astronomer

Super Member
ECF Veteran
Feb 3, 2011
556
46
70
Modesto Ca
Something to consider ( not a criticism, just an observation )

The mall is one piece of property, the coffee shop is leased from the mall, which is another kind of private property. My only advice is... don’t vape on someone property ( even leased property ) without their specific permission.

Demanding our own personal rights, even in the face of stupidity, on someone else’s property will get us nowhere. That includes someone’s apartment ( that doesn’t actually own it ) or someone’s store at the Mall that doesn’t actually own it.

The problem here is now that proprietor has a bad opinion of vaping, where before he probably had no opinion at all.
 

dormouse

ECF Guru
ECF Veteran
Oct 31, 2010
12,347
1,611
Pennsylvania
I may have an unpopular opinion but it's his shop. He pays rent and he care about keeping the majority of his customers happy. I don't think what a security guard lets you do walking around outside the shops has anything to do with what you can do inside a shop. If you were picking your nose - that's legal - but the shop owner wanted to he could kick you out.
 

Vapor Pete

The Vapor Pope
ECF Veteran
Mar 14, 2009
2,847
2,134
Rochester, NY
You'd have a better chance at suing him for harrassment. Yelling obescenities and calling you names alarmed and threatened you right? LOL! ( I say that because thats the Penal Law definition of harrassement here in NY). I've seen one or two posters say that they dont vape where they cant smoke (except the bathroom). I've followed that logic since day one. I've taken some grief from other more hardcore vapers... but my feeling is that I'd rather make friends while using my e-cig, than to make enemies by insisting I can use it. Plain and simple. I got asked not to vape in one our towns local biker watering holes. My brother and I have been patrons of that bar for almost two decades. I was a bit upset, but the bottom line is that I had to consider the explaining the bar tender would be doing if all the other folks came to her asking why some dude in the corner is smoking. Even though I had a blue tip. It looks like smoke. End of story. I respect anyone who wishes to ask me to refrain. We did so when we smoked... I think we can do so when we vape. We arent a protected class, but we can act and inform with class.

-VP
 

mlinky

ECF Guru
ECF Veteran
Verified Member
Nov 22, 2010
12,203
7,031
Kentucky

Astronomer

Super Member
ECF Veteran
Feb 3, 2011
556
46
70
Modesto Ca
I may have an unpopular opinion but it's his shop. He pays rent and he care about keeping the majority of his customers happy. I don't think what a security guard lets you do walking around outside the shops has anything to do with what you can do inside a shop. If you were picking your nose - that's legal - but the shop owner wanted to he could kick you out.


Unpopular or not... it is absolutely correct
 

Satanslilhelper

Full Member
Feb 23, 2011
13
0
43
Hoover, AL
I'm pretty sure the owner gave the GM some grief about how he reacted. I work at a Domino's and while we have all right to refuse service to anyone it's still reserved for extreme cases. I've only done it when a customer begins to curse or threaten me or other employees. I even let the drunk guy that was falling over the counter order, but I called the cops while his food cooked.
 

Schoolbob

Senior Member
ECF Veteran
Mar 30, 2011
100
22
Denver, CO
There is a difference between what is legal to do in public and what is not in a private place. Even when it was legal to smoke everywhere, individual business owners could choose whether to allow smoking in their respective establishments. It makes little difference whether it is legal to vape in public. Private businesses choose what they want in their stores and what they don't.

The only real exceptions to this are when a business is violating federal or state constitutional law or when the state requires or prohibits certain things under the state's police power (to provide for the health, safety, welfare and morality). A prime example is when a business discriminates based upon a protected class such as race, thus violating equal protection, as applied through the various civil rights acts. They cannot do so. At the state level, the state has exercised its police power to ban smoking in private businesses, just as they have with certain food safety regulations. The point is that private property and business rights are not absolute, but one is given a wide latitude to determine how to run one's business.

When you enter a business you are an invitee to that business. If you refuse to comply with the Manager's request (who is acting on behalf of the owner) you are no longer an invitee and most probably become a trespasser. You would be the one ticketed, not the Manager. You do not have no right to vape in his store, period. You have no cause of action here and any attorney that would take a case like this should be disbarred.

There is my .02 cents (okay, maybe a bit more than that).
 
Last edited:
Status
Not open for further replies.

Users who are viewing this thread