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 Georgia, as in all states, restaurants and other businesses are subject to federal anti-discrimination laws. Under Title VII of the Civil Rights Act of 1964, businesses cannot refuse service based on race, color, religion, sex, or national origin. Additionally, the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in places of public accommodation, which includes restaurants. While businesses can set and enforce dress codes or refuse service to individuals who are disruptive, they cannot legally refuse service based on membership in a federally protected class. Georgia does not have a statewide law that explicitly prohibits discrimination based on sexual orientation or gender identity in public accommodations. However, some local ordinances within Georgia may offer broader protections, including protections for sexual orientation. It is important for restaurants and other businesses to be aware of and comply with both federal laws and any applicable local ordinances to ensure they do not engage in unlawful discrimination.