OC'er Confronted By Arbys Manager

[okiebryan]

If an Arby's location offers dine in service, and I choose to purchase my meal with the plan of utilizing the facilities for dine in service, then that is part of the deal. If I'm asked to leave for ANY reason, I'll stop eating and demand a refund. If I wish to sit quietly and enjoy my meal, and I have paid for that privilege, then being asked to take my food to go is less than what I expected and paid for.

By the way, not every employee of a business is authorized to ask people to leave. Those employees would not be in lawful control of the property. I'm sure an Arby's manager is, but a guy waxing the floor in Walmart is not authorized to throw anyone out.

 

[Traxxis]

If an Arby's location offers dine in service, and I choose to purchase my meal with the plan of utilizing the facilities for dine in service, then that is part of the deal. If I'm asked to leave for ANY reason, I'll stop eating and demand a refund. If I wish to sit quietly and enjoy my meal, and I have paid for that privilege, then being asked to take my food to go is less than what I expected and paid for.

By the way, not every employee of a business is authorized to ask people to leave. Those employees would not be in lawful control of the property. I'm sure an Arby's manager is, but a guy waxing the floor in Walmart is not authorized to throw anyone out.

Which might explain why the cashier or other workers didn't explain this to him. Further, you acknowledge that a manager is authorized to make those decisions, which is who approached the OP.

Next, the OP was never told to leave, he was given the option of concealing the weapon or securing it in his vehicle. Had the manager wanted to push the issue (which he would be well within his rights to do) and call the police, he has every right to issue you a trespass warning and have you cited if you chose not to obey it.

Finally, again, if you walk into a restaurant and order your food, you are paying for the food, not for food AND a place to eat it. Now, it might be generally understood that you have the privilege to eat there, but it isn't part of the contract of you buying their food. Now, as I mentioned earlier, if you somehow were charged an extra amount for the purposes of securing a location to eat your food, and that wasn't delivered, then you have a case. You have to understand that these aren't the same thing simply because we are accustomed to having the two go hand in hand.

As for asking if the food is "dine in or carry out?", I would say that is so they know whether to put it on a tray for you or bag it up.

Listen, I fully support everybody being left to do their own thing, I also support teaching people about things that we hold dear to ourselves, but I fear some people chose to push the limits... sort of like so called "Bible thumpers".

Remember, we've already won this battle for 2nd Amendment rights... our challenge isn't to fight to get the right again, it is to preserve it for the future generations to enjoy.

 

[okiebryan]

Which might explain why the cashier or other workers didn't explain this to him. Further, you acknowledge that a manager is authorized to make those decisions, which is who approached the OP.

Next, the OP was never told to leave, he was given the option of concealing the weapon or securing it in his vehicle. Had the manager wanted to push the issue (which he would be well within his rights to do) and call the police, he has every right to issue you a trespass warning and have you cited if you chose not to obey it.

Finally, again, if you walk into a restaurant and order your food, you are paying for the food, not for food AND a place to eat it. Now, it might be generally understood that you have the privilege to eat there, but it isn't part of the contract of you buying their food. Now, as I mentioned earlier, if you somehow were charged an extra amount for the purposes of securing a location to eat your food, and that wasn't delivered, then you have a case. You have to understand that these aren't the same thing simply because we are accustomed to having the two go hand in hand.

As for asking if the food is "dine in or carry out?", I would say that is so they know whether to put it on a tray for you or bag it up.

Listen, I fully support everybody being left to do their own thing, I also support teaching people about things that we hold dear to ourselves, but I fear some people chose to push the limits... sort of like so called "Bible thumpers".

Remember, we've already won this battle for 2nd Amendment rights... our challenge isn't to fight to get the right again, it is to preserve it for the future generations to enjoy.

I understand that this is your opinion, and you have every right to gather up your food and leave because someone asks you to. I choose to comply with their request, but to do so with my money returned to me and them in possession of whatever uneaten food remains.

 

[Glocktogo]

Finally, again, if you walk into a restaurant and order your food, you are paying for the food, not for food AND a place to eat it. Now, it might be generally understood that you have the privilege to eat there, but it isn't part of the contract of you buying their food. Now, as I mentioned earlier, if you somehow were charged an extra amount for the purposes of securing a location to eat your food, and that wasn't delivered, then you have a case. You have to understand that these aren't the same thing simply because we are accustomed to having the two go hand in hand.

As for asking if the food is "dine in or carry out?", I would say that is so they know whether to put it on a tray for you or bag it up.

Listen, I fully support everybody being left to do their own thing, I also support teaching people about things that we hold dear to ourselves, but I fear some people chose to push the limits... sort of like so called "Bible thumpers".

Remember, we've already won this battle for 2nd Amendment rights... our challenge isn't to fight to get the right again, it is to preserve it for the future generations to enjoy.

Care to show me the contract that says I'm only paying for food and not a place to eat? Care to show me that the price of the food doesn't in any way pay for the cost of the dining area? Care to prove that the dining area ISN'T intended to attract customers to purchase food at your restaurant?

Your argument doesn't hold a drop of water. I fully agree that they have every right to ask you to leave. However, if they ask you to leave before you've finished eating a meal you've paid for and had every intention to sit down and eat, and they refuse to refund your purchase, how would that be any different than refusing a refund on ANY type of purchase you haven't even left the store with? Can you point out a single example where a restaurant displays a sign saying "No refunds or exchanges"?

We're not talking about rude or intolerable behavior here either. If the patron walked in wearing inappropriate clothing or spewing vulgarities, they'd never get their order taken. This guy did. He didn't do a single thing different after getting his order that he did before.

The manager has every right to advise of criminal trespass and ask the person to leave. It would be 100% WRONG to not offer a refund when asked, even if he has to walk it outside!

 

[n2sooners]

EVERYONE is paying extra for the privilege to eat in the dining area if one is available. To Go is an option, but part of the cost of that meal goes towards maintaining the dining area. If they ask you if it's for here or to go then, after you have started eating, ask you to leave for breaking a store policy that you couldn't possibly have known you were breaking because it wasn't posted, then I think asking for a refund is completely reasonable.

 

[oklaccer]

, but a guy waxing the floor in Walmart is not authorized to throw anyone out.

They wax the floors at Walmart?

 

[Stephen Cue]

Are we talking about common courtesy or what is legal to do?

I would say it would be common courtesy to get a refund in the OP's situation, but he is not legally entitled to it since the manager has every right to asked a customer to leave if the customer does not comply with his policies, even if the supposed corporate policy is wrong.

A person can demand a refund all they want till the police get there, my guess is since the customer did receive the food and he/she did not comply with the manager's wishes, the police cannot and should not force the manager to refund the money.

Also depending on the actions of customer, my guess would be the police would escort the then trespasser out and maybe issue a citation depending on his/her behavior.

Right or wrong manners wise about not issuing a refund, the store manager wins this little battle and the customer loses everytime. Who would risk getting cited for trespassing or even arrested over this little amount of money when the food that was paid for was given to the customer satisfactorily?

Bottom line this would fall to a civil law suit if one chose not to just quit patronizing this Arbys. Now that would cost a LOT of beef-n-cheddars

 

[n2sooners]

Most fast food places will ask if you want to dine in or want your food to go. That is then printed out on the receipt. If you are asked to leave for breaking unposted store policies before you eat and your receipt says dine in, then you are NOT getting what you paid for and are due a refund.

 

[Stephen Cue]

Most fast food places will ask if you want to dine in or want your food to go. That is then printed out on the receipt. If you are asked to leave for breaking unposted store policies before you eat and your receipt says dine in, then you are NOT getting what you paid for and are due a refund.

I agree with you. Thats why I posted the question is this about common courtesy or about what is legal?

Common courtesy would dictate a refund, but legally the customer is out of luck.

 

[Cue]

Thank you stephen. That is what I meant by pompous open carry.

My remark about the 20 dollar seems to have sparked another debate. 20 bucks is definitely not worth my time to argue. There are times to he confrontational and times to not be confrontational. When I am carrying I go above and beyond to defuse any situation. I would leave simply because I was unwanted there. I would just go get me some tacos from Jack in the Box. This is strictly my opinion.