Suing the Soup Nazi

Help me out guys. I had a little discussion this morning with a non-Seinfan (maybe someone can come up with a cute word for people who don't watch the show ala Dilbert's un-duh-viduals) Anyway, he says that if he happened to find himself in The Soup Kitchen and, for whatever reason, the Soup Nazi throws him out, he would hire an attorney and sue for millions.

Does the owner of an establishment have the right to refuse service to anyone for whatever reason? Would my buddy have any legal recourse? What if he retained the services of one Jackie Chiles?

taught by the company when I used to work retail. Jon B.

Help me out guys. I had a little discussion this morning with a

Ergen wrote in article ...

was

...Unless it was outright discrimination. The Soup Nazi might have been on shaky ground when he said "Buenos Dias, Muchacho (sp?)" to the guy speaking Spanish.

If you notice in the episode, the soup nazi has a sign up that says "We reserve the right to refuse service to anyone" (or something like that). I don't know if that makes it legal or not but I have noticed that since McDonalds got sued for having hot coffee they now have signs at their drive thrus that say "Warning coffee and tea are extremely hot".

[email] (Dave) wrote:

LOL!

But seriously, not since the early 1960s has it been legal to discriminate for reasons of race or color. Earl Warren et al construed the commerce clause of the US Constitution to include the napkins [made out of state] in Birmingham's Ollie's BBQ restaurant (even I have been allowed to dine there; pretty good sauce, but there is better elsewhere). Since Congress had power to regulate commerce, Congress could forbid "whites only" signs.

I guess I told you more than anyone wanted to know, huh?

MsLiz

Er, um, your Honor did not answer the question as posed. If you continue to be difficult, I will be forced to request permission to treat you as a hostile witness. (I can't get the Kramer/Newman/ Ticket/Banker scene out of my head now.) Once again:

Can I sue the Soup Nazi for banning me from his store?

[email] (Dave) wrote:

Objection sustained.

Dave, I don't think you can unless his reason for banning you is because you are a member of a protected class. The soup Nazi discriminates against everyone equally.

Liz

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(I'm a newbie - this is my first message. Please don't flame me if I make a mistake. Just tell me and I'll try to change the error in my ways. If not you will drive me to screaming SERENITY NOW!)

I was thinking about that the other night when the episode aired (it was a repeat). Couldn't you sue him, though, for saying he'll provide a service (selling soup) and then not delivering? Or can you not because he gave you back your money?

Ted

MsLiz wrote:

I think the soup man would have a good defense for not serving Elaine. The civil rights laws forbid refusing service to someone based on race, religion, or ethnic status. The soup man banned Elaine because of her attitude.

Oh, get real. People here in Alabama *love* to sue each other. How else do you think the BMW case got such notoriety???

First, there was my post about suing the soup nazi:

To which Dixon Hayes responded hotly:

Overruled! Irrelevant! and BS, too !

BTW, I am as real as page 129 of the Birmingham yellow pages (the attorney section).

Your proposition, rephrased:

Because Alabamians are litigious, the BMW case was notorious.

Alabama is notorious for a few multi-million dollar punitive damage judgments, which come from a few counties, and one particular judge (whose former law partner represents plaintiffs in his court).

Those cases are irrelevant to the proposed suit against the soup nazi.

In his succinct post, [email] (David Mandell) sums up the law very well:

This is Alabama, where soup isn't worth a suit.

Motion for Directed Verdict granted to the Defense; Dixon Hayes ordered to pay court costs.

Shucks, MsLiz, you legal types get paid by the word?? ;)

Sheesh! What does this all have to do with my buddy who would act obnoxious and sue the soup nazi for refusing to serve him?

As an attorney, you would advise him not to follow through on the suit, but what if he insisted? How would you handle the case?

Would you turn down his retainer??  Egregious, preposterous!!
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BTW, Chiles telling Kramer how he would cash in on his wretched disfigurement was one of the greatest moments in the history of the show.

[email] (Dave) wrote:

Yeah, I don't have time to work; too much time spent on the internet.

MsLiz

Dave <[email] > wrote in article ...

else

*Now* do you see what I mean about Alabamians being lawsuit happy?

Someone in Tuscaloosa even sued a Taco Casa restaurant because the cheese was too hot (They lost).

Alabama has the so-called "scintilla (sp?) rule", which makes lawsuits easy to come to trial. So if anyone ever sued the Soup Nazi, Alabama is a likely state where it could reach a courtroom. (I'm not saying the plaintiff would have a case, though...Probably not, even here.)