Regina Leader-Post

As service refusals make headlines, businesses usually at fault: experts

- ALEKSANDRA SAGAN

Two Canadian businesses that recently made headlines for refusing customers have learned the hard way that there are few circumstan­ces in which they can legally deny service to a patron.

A teenage boy hoping to celebrate his 16th birthday at a Toronto cat café was reportedly refused entry unless he left his wheelchair outside, after the owners cited a no-wheels policy to ensure the cats’ safety.

A few days later, A&W Food Services of Canada Inc. apologized on Twitter after a location in Cardson, Alta., made headlines because an employee called the police on a customer who attempted to buy food for an elderly Indigenous woman.

Both incidents are troublesom­e, as one appears to discrimina­te on the grounds of gender and race, and the other on disability, said Margot Young, a professor at the University of British Columbia’s Allard School of Law. “We can’t kick people out because they make us uncomforta­ble,” she said.

Retailers under federal regulation cannot refuse service based on several prohibited grounds for discrimina­tion, including race, religion, age, sexual orientatio­n, marital status, and disability, according to the Canadian Human Rights Act. Those under provincial regulation face similar restrictio­ns.

A&W promptly apologized on its Twitter account, saying it is “taking this incident very seriously and the franchisee is working with his staff to ensure they receive the training and support they need to do the right thing.”

The burger chain is reaching out to the woman who was denied service to see how it can assist her, it said. The company did not respond to a request for further comment

Meow Cat Cafe, meanwhile, closed its doors Aug. 10 and doubled down on its right to deny entry to customers with mobility devices in the name of animal safety.

In a two-page note shared by users on social media they say was posted on the cafe’s front door, the company said people in wheelchair­s came in Friday and “slightly or badly hurt” some of the cats.

No one from the company answered the phone Wednesday. The company did not respond to an email request for comment.

An employee at Vancouver’s Catfe said the shop allows people with wheelchair­s into the café and has never experience­d any injuries to the felines as a result.

It would be discrimina­tory to assume that if one wheelchair­bound person hurt a cat, all people in wheelchair­s are a danger to felines, said David Baker, a lawyer at Toronto’s Bakerlaw. “You don’t lump everybody together,” he said.

It’s a retailer’s responsibi­lity to accommodat­e people unless they can prove it causes them undue hardship, Young said. The cat café, for example, could have found a way to move the cats into another room while the teen entered and exited the space to avoid an accident.

A whale-watching tour operator, on the other hand, could possibly cite inordinate financial costs to safely transport someone in a wheelchair in a small boat on rough seas, she said.

Additional­ly, retailers can ask patrons to leave if they would endanger people or cause significan­t damage, Young said. For example, staff may be within their right to ask someone throwing chairs or urinating in the corner of a restaurant to exit the premises. But context and details matter, she added, noting it’s important not to simply assume people from certain ethnic groups will cause disruption­s.

In some cases, it is possible to deny service to people based on age, gender or other protected grounds. Bars and convenienc­e stores are obligated not to sell alcohol and cigarettes to minors, and some eateries may put a sign that says “no shirt, no shoes, no service.”

That exclusion is not based on any of the grounds protected by the human rights code, said Baker.

Such a decision may also come down to health and hygiene reasons, said Young.

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