Restaurants Bars And Liquor Stores Are Not Considered Public Places

The legal landscape surrounding public and private spaces is complex, often varying depending on jurisdiction and specific circumstances. A common question that arises is whether establishments like restaurants, bars, and liquor stores are considered public places under the law. While these businesses are generally open to the public, their legal classification is more nuanced and often depends on the specific context of the law or regulation in question. This article explores the complexities of this classification, examining relevant legal precedents, common arguments, and the implications for both business owners and patrons.

Defining Public and Private Spaces

To understand why restaurants, bars, and liquor stores are not always considered public places, it's crucial to first define what constitutes a "public place." A public place is typically defined as an area accessible to all members of the community, without restriction. These spaces are usually owned or controlled by a governmental entity and include:

• Parks: Open spaces dedicated to recreation and enjoyment for everyone.
• Streets and Sidewalks: Thoroughfares used for transportation and pedestrian traffic.
• Public Buildings: Government offices, libraries, and community centers.
• Public Transportation: Buses, trains, and subways that are available for public use.

On the other hand, private property is owned and controlled by individuals or private entities. Owners have the right to exclude others from their property, subject to certain limitations and laws.

The Nuances of Restaurants and Bars

Restaurants and bars occupy a gray area between purely public and purely private spaces. While they are businesses open to the public during operating hours, they are privately owned and operated. This private ownership gives the establishment certain rights and responsibilities that distinguish it from a truly public place.

Control and Exclusion

One of the key factors distinguishing restaurants and bars from public places is the owner's right to control who enters and remains on the premises. Owners can:

• Set Dress Codes: Establishments can enforce dress codes, refusing entry to individuals who do not comply.
• Refuse Service: Staff can refuse service to intoxicated, disruptive, or otherwise undesirable patrons.
• Establish Membership Requirements: Private clubs, for example, can restrict access to members only.
• Enforce Rules of Conduct: Restaurants and bars can enforce rules of conduct, such as prohibiting smoking in designated areas or requiring patrons to be seated while consuming alcohol.

Legal Precedents and Interpretations

Courts have often supported the right of private businesses to control their premises, even when those businesses are open to the public. This right is generally protected under property law and the right to freedom of association. However, this right is not absolute and is subject to certain limitations, particularly in the area of discrimination.

Anti-Discrimination Laws

While restaurants and bars can exclude individuals for legitimate business reasons, they cannot discriminate against patrons based on:

• Race
• Religion
• Gender
• National Origin
• Disability

These protections are enshrined in federal and state anti-discrimination laws, which aim to ensure equal access to public accommodations. However, the definition of "public accommodation" can be a point of contention. While restaurants and bars are generally considered public accommodations under anti-discrimination laws, this classification does not automatically make them "public places" in all legal contexts.

The Case of Liquor Stores

Liquor stores, like restaurants and bars, are privately owned businesses that are open to the public. However, they are subject to specific regulations and restrictions due to the nature of their product. These regulations often reinforce the idea that liquor stores are not considered public places in the traditional sense.

Age Restrictions

Liquor stores are required to verify the age of customers to ensure they are of legal drinking age. This restriction demonstrates the control the establishment has over who can enter and make purchases. Public places, on the other hand, are generally accessible to individuals of all ages.

Hours of Operation

Many jurisdictions have specific laws regulating the hours during which liquor stores can operate. These laws reflect the state's interest in controlling the sale and consumption of alcohol, and they further distinguish liquor stores from public places, which typically do not have such restrictions.

Restrictions on Consumption

Liquor stores generally prohibit the consumption of alcohol on the premises. This rule reinforces the idea that the store is a place of business, not a public gathering space. Public places, such as parks, may allow alcohol consumption subject to local regulations.

Legal Contexts and Implications

The classification of restaurants, bars, and liquor stores as public or private places depends heavily on the legal context in question. Here are some examples:

Trespassing Laws

Under trespassing laws, restaurants, bars, and liquor stores are generally considered private property. Individuals who enter these establishments without permission or refuse to leave when asked can be charged with trespassing.

Open Container Laws

Open container laws prohibit the possession or consumption of alcohol in public places. However, these laws often do not apply to establishments that are licensed to sell alcohol for on-premises consumption, such as restaurants and bars. This distinction suggests that these establishments are not considered public places for the purposes of open container laws.

Concealed Carry Laws

Concealed carry laws regulate the carrying of firearms in public places. Some states allow private business owners to prohibit firearms on their premises, even if concealed carry is legal in the state. This right reinforces the idea that these businesses are not considered public places for the purposes of firearm regulation.

Liability Laws

Liability laws govern the responsibility of property owners for injuries that occur on their property. Restaurants, bars, and liquor stores have a duty to maintain a safe environment for their patrons. However, the extent of this duty may differ from the duty owed by a governmental entity in a public place.

Arguments for and Against Public Place Classification

There are arguments to be made on both sides of the issue. Some argue that restaurants, bars, and liquor stores should be considered public places due to their accessibility to the general public. Others argue that their private ownership and control over access and behavior distinguish them from truly public spaces.

Arguments for Public Place Classification

• Accessibility: Restaurants, bars, and liquor stores are generally open to the public during business hours, making them accessible to a wide range of people.
• Public Accommodation: These establishments are often considered public accommodations under anti-discrimination laws, suggesting that they serve a public function.
• Social Function: Restaurants and bars often serve as gathering places for social interaction, similar to public parks or community centers.

Arguments Against Public Place Classification

• Private Ownership: Restaurants, bars, and liquor stores are privately owned and operated, giving owners the right to control their premises.
• Exclusionary Practices: These establishments can exclude individuals for legitimate business reasons, such as dress code violations or disruptive behavior.
• Regulation: Liquor stores are subject to specific regulations and restrictions that do not apply to public places, such as age restrictions and limits on hours of operation.

Conclusion

In conclusion, the classification of restaurants, bars, and liquor stores as public or private places is a complex issue that depends on the specific legal context. While these establishments are generally open to the public, their private ownership and control over access and behavior distinguish them from truly public spaces. The legal implications of this classification vary depending on the laws and regulations in question, including trespassing laws, open container laws, concealed carry laws, and liability laws. Ultimately, the question of whether these establishments are considered public places is a matter of legal interpretation and policy consideration.