With the growth of the Alt-Right and other hate groups in recent years, business owners face increased challenges to uphold values of diversity, ensure employee and customer safety, and protect their brand from association with customers’ possible bigotry. At the same time, questions have arisen regarding when a business may lawfully refuse to welcome or serve customers based on their views against diversity. These questions will flare up again in Washington, D.C. this weekend as white supremacist organizations convene for a “Unite the Right” rally commemorating last year's rally in Charlottesville, Virginia. Restaurants and other business owners have good arguments that they may lawfully refuse entry or service to customers who appear associated with hate groups.
Because federal law does not ban public accommodations discrimination based on ideology, customers who have been excluded based on their anti-diversity views or conduct would have to rely on local law. Section 2–1402.31(a) of the DC Human Rights Act prohibits discrimination in public accommodations and employment based on, among other traits not relevant here, political affiliation. “Political affiliation” is defined as “the state of belonging to or endorsing any political party.” Thus, the definition requires a party affiliation, not a mere political viewpoint.
The D.C. Court of Appeals and the U.S. District Court for the District of Columbia have both held that a “political party” is defined based on “ordinary sense and with the meaning commonly attributed to that term.” Specifically, it is a party that nominates candidates for office. Accordingly, the D.C. Court of Appeals concluded that a private club in the District could expel a known affiliate of the National Alliance, a white supremacist organization.1
Further, a business or other employer has an established basis for declining service based on a person’s asserted “political” conduct. For example, the U.S. District Court for the District of Columbia has held that a local university did not violate the DC Human Rights Act when it demoted a diversity officer who signed a petition to ban same-sex marriage.2
In light of such precedent, DC law appears not to forbid “discrimination” in public accommodations based on a customer’s or white supremacist's views, organizational affiliation, or political conduct. A place of public accommodation therefore has a basis to exclude both individuals and...
