Legal Status of Restaurants as Public Places

The legal definition of a restaurant as a public place is not universal and can vary depending on the jurisdiction. Generally, if a restaurant is open to the public, it is considered a public place. However, this definition can have nuances that require a deeper understanding. This article will clarify the legal status of restaurants and their rights and responsibilities.

Is a Restaurant Legally a Public Place?

Technically, a restaurant can be both a public and a private place depending on its accessibility to the general public. If a restaurant is open and accessible to the public without any conditions, such as access being restricted to members of a private club, it is indeed a public place.

For example, the Elks Club or a country club, while private, may have a restaurant section that is open to paying members and their guests. In contrast, if the restaurant solely serves private club members, it would not be considered a public place. However, the vast majority of restaurants in the United States and UK are open to the public, and thus are legally classified as public places.

Legal Rights and Restrictions in a Restaurant

When a restaurant is open to the public, the owner or manager retains the right to ask someone to leave if they are causing disturbances or have had too much to drink. This right is enforceable as long as the behavior is disruptive or inappropriate. However, if a guest is simply taking a photograph, the restaurant cannot lawfully stop them. In both the United States and the UK, photography rights are protected in public spaces, meaning patrons have the legal right to take photographs.

It's important to note that a restaurant can still set certain rules and conditions for its guests. These rules can include no-smoking areas, dress codes, and other behavioral norms. However, these rules must be clearly communicated and must not infringe upon the basic rights of the public as long as they are open to the public.

Private Businesses vs. Public Properties

A common misconception is that private businesses, such as restaurants, are always open to the public and thus are considered public places. However, private businesses are often classified as having limited public access. This means that owners and managers can restrict access to almost anyone, for almost any reason, without violating legal rights. This distinction is crucial in understanding the legal status of a restaurant.

Public businesses and places open to the public are not the same. For instance, shopping malls, bars, theatres, and cinemas allow the public to enter but operate as private entities. These venues can set their own rules of entry and conditions of use. However, once a restaurant opens its doors to the public, it becomes part of the public domain for the purposes of certain laws.

Legal Implications for Restaurants

Restaurants, while private establishments, fall under public law for certain purposes. For example, they are considered public places for anti-discrimination laws that protect patrons from discrimination based on race, gender, religion, or other protected characteristics. However, restaurants are not considered public places for freedom of speech or for photography rights.

For instance, being drunk in a public place, as defined by California law, means being so intoxicated that you are unable to exercise care for your own safety or the safety of others. This includes being in a restaurant, which means that specific types of behaviors within a restaurant, such as becoming visibly incapacitated, can be regulated.

Similarly, while taking photographs in a public space is generally allowed, a restaurant can legally restrict the quantity or quality of photography if it impacts their business operations or if the behavior of the guest is disruptive.

Conclusion

The legal status of a restaurant is a complex issue that involves balancing public access with private ownership rights. Restaurants are generally considered public places, protected by anti-discrimination laws, but not always for freedom of speech or photography. It is important for patrons and restaurant owners to understand their respective rights and responsibilities to avoid misunderstandings and legal issues.

Understanding the legal status of restaurants as public places can help prevent common disputes and ensure a pleasant dining experience for all patrons. Whether you own a restaurant or plan to dine out, knowing the legal framework can help you navigate the public and private realms effectively.