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 Alaska, as in all states, restaurants and other businesses are subject to federal anti-discrimination laws. Title VII of the Civil Rights Act of 1964 prohibits discrimination in public accommodations, including restaurants, based on race, color, religion, sex, or national origin. Additionally, the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities. While businesses can post signs reserving the right to refuse service, this right is limited by these federal laws and they cannot refuse service based on membership in a protected class. Alaska state law also prohibits discrimination in public accommodations on the basis of race, religion, sex, age, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, or national origin. Moreover, some local ordinances within Alaska may offer additional protections against discrimination, such as those based on sexual orientation. Restaurants can enforce dress codes or refuse service to individuals who are disruptive, as long as these policies are applied equally to all customers and do not target protected classes.