Where does the “no shirt, no shoes, no service” sign come from?
The “no shirt” sign originally targeted hippies in the 1970s. The “hippie” counterculture movement started in the 1960s and was very popular by the early 70s. The hippies rejected a lot of mainstream American beliefs, and this often included not wearing shoes or shirts. A lot of business owners weren’t fond of the shirtless and shoeless hippies, so the “no shirt, no shoes, no service” sign was born. These days, there are a few variations of the sign. You might see “shirt and shoes required,” for example. The first documented instance of the “no shirt” sign comes from a Eugene, Oregon newspaper in 1972. The author wrote, “Hippies have taken over the north end of town and the business people don't like it. They have signs saying shoes and shirts are required—no entrance to bare feet.” We can’t confirm it, but there are rumors that many restaurants tried banning men with long hair first, but since it didn’t help to keep out barefoot hippie women they had to revise their strategy.
What if you don’t wear pants?
We suspect most restaurants aren’t fond of the pantsless, either. The “no shirt, no shoes, no service” sign was a direct reaction to a popular movement. Since there has never been any huge movement involving people refusing to wear pants, there has never been a need to include warnings about showing up to restaurants without pants on. We’re pretty sure most establishments won’t serve you if you don’t have pants on, though. We strongly recommend not testing this theory. At least throw some shorts on before you go out to eat. Restaurants are not required to publicly post every single rule they have. It’s not like you can go to a restaurant wearing a giant T-rex costume and expect to be served.
When can a business refuse to serve you?
Private businesses can refuse service for almost any reason. Businesses are free to enforce their own regulations and rules so long as they don’t violate a federal or state law regarding discrimination. A restaurant may refuse to serve you for being too loud, cursing in front of children, or even not wearing green on St. Patrick’s Day. It’s totally up to them! There are no federal laws stating that private businesses can’t refuse service (or must serve everyone, for that matter). This is why “no shirt, no shoes, no service” signs don’t need to mention pants. In fact, they don’t need to exist at all. They’re a holdover from a different time when there were shoeless and shirtless hippies everywhere. Remember the COVID mask mandates? This is another good example of private businesses being allowed to deny customers service for basically any reason. The “no mask, no service” signs were all over the place (and they were legal).
Federal and state laws protect customers from discrimination. A lot of this comes down to the state laws where you live, but companies are generally not allowed to refuse service based on race, gender, national origin, or religion. Many states have protections for political affiliation, age, and sexual identity, too. A lot of these protections come from the Civil Rights Act of 1964, which made it illegal to segregate people or refuse service based on immutable characteristics. This is why the baker who refused to make a wedding cake for an LGBTQ+ couple was national news. Colorado had a law protecting consumers based on sexual orientation but the baker claimed it violated his religious freedom (it didn’t, per the courts).
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