No, you're wrong. Certain places of "public accomodation" may not refuse entry by people on spurious grounds.
By your standards, you can refuse service to a black man based on his skin color.
They were wrong to do this no matter how much we might disagree with the "peace T-shirt" (or with lawyers, for that matter).
How many times have we read complaints here on FR, about bookstore clerks refusing to display or sell books by prominent conservatives such as Ann Coulter? Let's not be hypocrites.
I believe business owners should have this right. I also believe they would be very stupid to exercise it, and I would refuse to patronize such an establishment.
I also realize the laws have been passed and interpreted such that we no longer have this right. But, I believe those laws are not in compliance with the original intent of the Constitution.
Yes, it is a 9th amendment protected right, as an owner of private property, to refuse to sell or allow anyone for any reason onto my property.(skin color, hair color, gender, sexual orientation, religious orientation, lack of money, not dressed properly, not educated enough -- granted such discrimination may be bad for business, but that is up to the property owner to decide - free to choose, the essence of liberty)
Any compromise of this position is anti-liberty and muddles the important demarcation line between public and private property.
Government jurisdiction only exists on public property. Public property is taxpayer funded property: parks, schools, court houses, roads, firehouses, etc.
Not malls, restaurants, gas stations, homes, airplanes, country clubs, etc.
They did not refuse him entrance. Only that he wear appropriate attire.
Bookstore clerks do not do the book buying for the stores. When the book buyer orders a book and a manager tells and employee to shelve the book, the employee (clerk) is not doing right by "protesting" the store's decision to stock the book by filing it in the wrong section or shelving it backside out.
If a bookstore owner chooses not to stock a book by a conservative author or even refuses to special order it for a customer, that is the store owner's right. There is no guarantee that the store owner will stock a book just because it is published.
The employees that hound customers for requesting/purchasing books aren't the owners. They are just snooty retail clerks.
The mall may not be able to prohibit the t-shirt shop from selling this bootleg (Give Peace A Chance was a slogan taken from a protected John Lennon song lyric) but there are probably restrictions in their contract on the nature of acceptable window displays. There are t-shirt shops that sell shirts with foul language on them. Would the mall be permitted to restrict the wearing of said shirt on the premises while still allowing the sale of said shirt?
There are stores that sell fancy underwear too yet that is not acceptable mall attire.
AMEN!
No shoes, no shit, no service. Those are not federal laws, those are just come rules many people choose to enforce. While it is true that one must make "public accomodation" so as not to run afoul of the equal protection clause, that is not what we are talking about here.
If I own a private business, I can through you out of it for no reason or any reason at all, so long as I have not discriminated based on race. Your right to free speech, however, doesn't get you through the door under public accomodation. I don't have to serve you if you or permit you on my property if you are pushing a policatical message or agenda I find offensive.
The color issue is a red herring.