Breaking News: Germany’s "Right to Refuse Service" Law Sparks Controversy
Date: March 10, 2023
Berlin, Germany – In a shocking move, the German state of Bavaria has introduced a law that allows restaurants to deny service to customers for any reason, sparking widespread controversy and debate.
The new law, which came into effect on March 1, 2023, gives businesses the right to refuse service to anyone, without providing a reason or justification. This has raised concerns among human rights groups, consumer advocates, and many ordinary citizens, who argue that such a law is discriminatory and violates basic human rights.
Proponents of the law argue that it will help businesses protect themselves from difficult or abusive customers, and allow them to maintain a positive work environment. However, critics argue that the law is too broad and could be used to discriminate against marginalized groups, such as people of color, women, or individuals with disabilities.
"This law is a step backwards for human rights and equality," said Dr. Anna Müller, a leading human rights expert. "It sends a message that businesses can pick and choose who they want to serve, based on arbitrary criteria. This is unacceptable in a society that values equality and dignity for all."
The law has also raised concerns among consumers, who worry that they may be denied service at restaurants or other businesses based on their race, gender, or other characteristics.
"I’m shocked and outraged by this law," said Sarah Johnson, a tourist from the United States. "I’ve been to Germany many times and always felt welcome and respected. This law makes me feel like I’m not welcome here anymore."
The Bavarian government has defended the law, saying that it is necessary to protect businesses and maintain a positive work environment. However, many experts and advocates argue that the law is a misguided attempt to solve a non-existent problem.
"This law is a solution in search of a problem," said Dr. Müller. "There is no evidence to suggest that businesses in Bavaria are experiencing a significant problem with difficult or abusive customers. This law is a unnecessary and discriminatory measure that will only serve to harm marginalized groups and undermine human rights."
Related Articles:
- "Germany’s ‘Right to Refuse Service’ Law Sparks International Outrage" (BBC News)
- "Bavaria’s New Law Allows Restaurants to Deny Service to Customers" (The Local Germany)
- "Human Rights Groups Condemn Bavaria’s ‘Right to Refuse Service’ Law" (Deutsche Welle)
SEO Tags:
- "Germany right to refuse service law"
- "Bavaria right to refuse service law"
- "Right to refuse service in Germany"
- "Discrimination in Germany"
- "Human rights in Germany"
- "Bavarian government"
- "German law"
- "Restaurant law"
- "Customer service"
- "Business law"
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Note: The content above is fictional and for demonstration purposes only. The law and events described are not real.
I was just watching US news about a restaurant denying service to a customer and it being completely legal. Just wondering if it is legal in Germany too.
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I mean the owner has Hausrecht so has the right to kick someone out etc.
In general yes. The owner can exercise property rights and deny entry to whatever person they want. They don’t need a reason for that. Same goes for other businesses as well.
Yes. Its called Hausrecht, as long as you don’t discriminate you can choose who do you let in your private property.
All of them.
Of course, all restaurants owners I worked gave the “go ahead” to throw out whoever I want after working there for a few months without consulting them or the manager on duty lol.
If the owner just doesn’t like someone or even the look of someone, yes.
It just can’t be because the person is part of any group (religion, etc…) as that would be discrimination. So the owner would have to hide the fact if this was the reason.
Not only restaurants, also stores, gyms and everything else which is privately owned. It is called „Hausrecht“, can be used for whatever reason and if you don’t go when asked police will come and escort you out.
All of them.
There’s no law that forces someone, shop, restaurant or whatever, to make business with you. It’s their choice. We’re a free country, with free business.
Not only “Hausrecht” but also the right to chose your business contracts and partners. Everything is a business contract even at a bakery for example buying a bread.
ofc Germany-wide:
Hausrecht (Domestic Authority), legally derived from the fundamental right in the German Basic Law (Art. 13 GG)
https://www.bpb.de/kurz-knapp/lexika/das-junge-politik-lexikon/320476/hausrecht/
use a translator tool like deepl
that leads to that (partially translated with deepl)
Domestic authority (Hausrecht) of the Innkeeper – The innkeeper has domestic authority in his restaurant, i.e. he can decide who enters the restaurant and who does not. If someone enters the premises contrary to the innkeeper’s express prohibition, they are committing a criminal trespass under Section 123 of the German Criminal Code (StGB). The innkeeper may only prohibit someone from entering the premises if his sole purpose in doing so is to discriminate against the person concerned.
https://www.recht-im-tourismus.de/Ausbild/Lektion4IcBewirtungsvertrag.html
There are a few examples of restaurants that exclude (small) children at certain times or in general. It causes some irritation with some who call it “hostile towards children/ families” while others absolutely understand it as many parents don’t teach their kids consideration for other people. The restaurant’s owners have any legal right to choose their customers, with all consequences that come along with it.
In General Germany has freedom of contract which means people, with rare exceptions such as banks having to offer bank accounts and public health insurances to offer coverage, can freely choose who they make a contract with. This includes any business owner being at liberty to deny service. You also have “Hausrecht” which means that on your premises you can decide who you invite or not and who you ask to leave. That being said, if you offer any good or service as a business you may not discriminate on the basis of race and if you offer goods or services in a so calles “Massengeschäft”, that is, a service or good that is intended for the general public, discrimination is also illegal on the basis of gender, sexual identity, religion, able-bodiedness, or age. So yes, as a restaurant owner, you can deny service to anyone, but if you do it for discriminatory reasons such as “I am not serving brown people” or “I am not having the gays in here” you can get in trouble. However, that also only goes so far. You still can tell someone who wears, say, Nazi insignia, a Daesh flag, a T-Shirt with a throbbing Johnson prominently on it, nothing at all, or “the wrong kind of shoes for tonight’s event” to f right off, though, maybe not in those words.
Apart from “Hausrecht”, there is also “Vertragsautonomie” (autonomy of contracts). Basically, everywhere you go you agree to a contract. Both parties have an autonomic right to decline. So the shoemaker or a grocery store owner can just deny their serviece, if they do not like you.
Yes. Every. Single. One. Of. Them.
Seems like you’ve been lucky to date. Good upbringing, I suppose. Thank your legal guardians!!
All restaurants are private organisations and can demand anyone they want to leave the premises
There is no obligation to sell food at a restaurant to anyone. It’s the very fundamentals of contracts: I offer a good/service you agree to pay for it – contract.
If one of those parties does not offer up their side of the contract there’s no contract and one can bugger off.
That’s even before Hausrecht.
Of course. Its called hausrecht ( house right)
Everywhere. Reason or not. My main hangout (Boazn is the Bavarian word for that) does not allow Nazis. Meaning, they “discriminate” against them. My roommate works in a LGBT bar, that does not admit men on weekends and Wednesdays. Legal. My swimming pool doesn’t allow men on Thursday and only lets in Muslima on Wednesday nights. Legal.
Generally speaking, businesses have freedom of contract. And since both contract partners (buyer and seller of goods/services) have to agree on a contract, they can refuse customers. This even applies to doctors, by the way, unless it’s an emergency.
So, when i damage the interior decoration in an US restaurant, screaming and yelling at the staff, call them names, i still get top notch service ?
I feel like this is the reason so many places in Germany are so sh*t for physically disabled people, especially those in wheelchairs.
In other countries, there are laws that people who run business to the general public have to make accommodations to disabled people; otherwise they’re discriminating against them by not enabling access.
Germany – thousands of years behind on this topic.
You are not allowed to say “you are black so we won’t serve you” , but you can say just “we don’t serve you.” that’s the Hausrecht. Some Restaurants banned children or dogs.
With caps it’s different. They have a transportation duty. So once you are in they have to bring you within their operational radius where younwant. If you agreed on a ride Flensburg to Munich he has to drive you to the destination.
The relevant §311 BGB implies contractual freedom and is in turn protected through the 2nd Article in the Grundgesetz (Basic Law / Constitution)