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 Tennessee, 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 may post signs reserving the right to refuse service, this right is limited by these federal laws and cannot be used to discriminate against protected classes. Tennessee also has its own anti-discrimination statutes, such as the Tennessee Human Rights Act, which prohibits discrimination in public accommodations on the basis of race, creed, color, religion, sex, age, or national origin. Although not explicitly mentioned in the state statute, local ordinances in some Tennessee cities may offer additional protections, including discrimination 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.