Greeley Barber Shop Refusing Customers That Smell Like Pot


#1

GREELEY, Colo. (CBS4) – A barber shop in Greeley refuses service to people who smell like marijuana.

The owner of Hugo’s Barber Shop said he felt he had to step in when it got bad.

“I feel that it’s my right to make the statement. It’s the same thing as no shoes no service,” said shop owner Hugo Corral.

denver.cbslocal.com/2014/03/09/greeley-barber-shop-refusing-customers-that-smell-like-pot


#2

Good thing potheads aren’t a protected class.


#3

They can claim to be disabled :smiley: – therefore the ADA would apply!:stuck_out_tongue:


#4

Yet


#5

That, actually, is an interesting point. The Colorado Revised Statues (18-18-406.3.) allows medical marijuana to alleviate an appropriately diagnosed debilitating medical condition."
colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22Colorado+Revised+Statutes+18-18-406.3.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251816967542&ssbinary=true

The law specifically identifies 8 debilitating conditions which the law allows marijuana prescriptions. They are:

Cancer
Glaucoma
HIV or AIDS
Cachexia (severe wasting)
Persistent muscle spasms
Seizures
Severe nausea
Severe pain
(the law also rules out a variety of conditions)
colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22Debilitating+Medical+Conditions.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251927349730&ssbinary=true

So… is someone with a marijuana prescription considered disabled? Probably, but the disability is not from marijuana use. Can a disabled person be discriminated against because his use of a prescribed medicine? I would guess not, but the courts will need to rule on that.

If the courts rule in favor of pot smokers, then I imagine the restrictions of smoking pot in a private apartment would be struck down as well.


#6

[sarcasm]
How dare this business owner try to force his views on his customers! Being a pothead is a valid alternative lifestyle choice, and just because the barber personally thinks smoking pot is wrong doesn’t mean he can discriminate against those who think it’s ok by not allowing them to bring their pot smell into his shop. Some people are born with a predisposition to be potheads, you know, and telling them that you don’t want to be a part of their celebration of their potheadness by letting them make your shop smell like pot is exactly like discriminating against black people because, uh, hey, what’s that over there?!

How could anyone be so insensitive as to deny potheads support of their pot habit? His actions are directly contrary to the Constitution. This is America, and in America freedom means being forced to do things you don’t want to so you won’t hurt the feelings of potheads.

Can you believe the bigotry of this barber?
[/sarcasm]


#7

I don’t blame him one bit. That stuff STINKS! I have neighbors that smoke weed & the whole appartment building smells like rotting garbage.


#8

Actually, the discrimination laws apply to impermissible discrimination connected to a protected category. I don’t know of any such category directly related to use of pot. Of course, the poster above references permissible use of pot related to illness - and that could give rise to a claim. However, I would guess the vast majority of Americans would be opposed to discrimination on the basis of handicap or illness. At least, I would hope so.

If you chose to engage in trade in the marketplace, your freedoms may be limited - no one should expect otherwise.


#9

I think that the most interesting part of this story is the reaction some people have had to his decision.

Corral said he’s been threatened with lawsuits and people trashing his window.
“People ripping the sign off, I’ve had to clean spit off my front door,” said Corral.

Those people obviously NEED their weed!

Peace

Tim


#10

I’ve quietly laid workers off for coming in smelling like pot. I don’t bother telling them why because they know in advance I don’t want stoned workers, and I consider it a sign of disrespect for both me and themselves.


#11

Maybe I’m the only one with this view but this seems ridiculous. Can I refuse to serve those who wear perfume? Or to those who just finished a workout at a gym? Or to those who work in restaurant kitchens?


#12

actually you can as long as it does not disproportionately affect a protected class or is a surrogate for a protected class.

So - perfume…maybe not since women arguably disproportionately use perfume

  • workout - maybe not as it might impact men more
  • work in restaurant kitchens…hard to tell…maybe if you really mean a subset of kitchens that disproportionately affects men, women or a racial or religious group

NOTE it has to be something about the protected class that is intrinsic to the matter…so, perfume might be OK, or workouts, (but if men stink more due to male hormones…that’s another issue), …you see where this goes.


#13

Since possession is still a crime under federal law, I would hope businesses could at least prohibit customers from bringing illegal substances into their premises. It is a real problem when states pass laws that conflict with federal laws, no matter which side of the pot debate you are on.

Personally, I would leave a business that smelled like illegal activity was going on, so the barber could claim he would be damaged by allowing the stinky customers. This sounds like yet another case of some people being forced to approve of choices made by others, without reciprocal rights for the opposing side.


#14

You are looking at this all wrong. When people smoke pot, their judgment is impaired. They shouldn’t be out in public making major decisions like which hair style to choose.


#15

I would dearly love to be able to kick some women (and very rarely, some men) who wear perfume out of my elevator.

I also remember this one woman who worked in a cubicle right next to mine…


#16

Yes, none of those are protected classes.


#17

What if the barber thinks the person smells like pot…but it’s something else?
That one scent, patchouli, smells a lot like pot.
And burning sage does, too. And some candles, etc.

He could get it wrong.

.


#18

Many people have an allergic reaction to perfumes, can cause sickness and I think there was a case about this.

With drugs, there are always the issue of safety. Is is going to get on the escalator or if he falls, will I have a law suit? I suppose it could also be, if he twists his head abruptly and I stick him in the eye with scissors.

Is this case going to the courts?


#19

So? Neither sage burners or patchouli wearers are protected classes either. His business requires him to get up close and personal so he has every right to decline anyone wearing what he considers an offensive odor.


#20

:slight_smile: When I’m pregnant, there are few horrors worse than the stench of perfume.


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