On Friday, the owner of Virginia restaurant Red Hen asked Sarah Huckabee Sanders to leave, because of her role in defending the Trump administration.
Was the restaurant legally justified in refusing service? Over the weekend, there have been parallels drawn between Sanders’ incident and the Masterpiece Cakeshop SCOTUS case, in which a baker refused to custom-make a wedding cake for a gay couple.
But sexual orientation is a protected class in Colorado, and political ideology is not in most places (the only exceptions being the District of Columbia, the Virgin Islands and Seattle). Even if this incident took place in, say, D.C., the question remains whether the Red Hen discriminates towards Republicans as a class or just toward Sanders.
We discuss the legal parameters of the right to refuse service.
Elizabeth Sepper, professor of law at Washington University in St. Louis; her areas of expertise include antidiscrimination and public accommodations law