Restaurants (and other businesses) sometimes post signs stating that they reserve the right to refuse service to anyone. But Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, sex, religion, or national origin and the Americans with Disabilities Act (ADA) prohibits discrimination by places of public accommodation (including restaurants) on the basis of disability.
In addition to these federal statutes that prohibit discrimination against protected classes of persons, some states and cities have laws that prohibit discrimination based on other classifications—such as sexual orientation.
Restaurants have the right to exclude or refuse to serve persons that fail to meet a dress code, for example (“No shoes, no shirt, no service”) or are disruptive, for example, but they do not have the right to exclude or discriminate against persons based on being part of a class or group of persons protected by federal law or by state or local laws.
In Texas, restaurants and other businesses do have the right to refuse service to individuals under certain circumstances, such as failure to adhere to a dress code or disruptive behavior. However, this right is limited by federal laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), which prohibit discrimination against protected classes including race, color, sex, religion, national origin, and disability. Texas businesses must comply with these federal anti-discrimination laws. Additionally, while Texas does not have a statewide law that explicitly prohibits discrimination based on sexual orientation, some cities within Texas have enacted local ordinances that provide such protections. Therefore, while businesses can enforce reasonable rules regarding service, they cannot refuse service based on a customer's inclusion in a federally protected class or in other classes protected by applicable local laws.
