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If the place is properly licensed by the State, and meets the local heath codes, the property owner has no legal say in WHO the bar has as customers. None.
Imagine if you changed the term gay for black or Baptist, or Jewish ? Or Muslim or ......so on.
I don't think you can ban what clientele frequents a bar. However. When the lease comes up for renewal I bet it won't get renewed
Quote:
Originally Posted by canadian citizen
If the place is properly licensed by the State, and meets the local heath codes, the property owner has no legal say in WHO the bar has as customers. None.
This is NOT a Gay Bar issue. This is changing the terms of a written lease.
The lease stated the establishment would not be developed to cater specifically to gays and lesbians. That provision of the lease was agreed upon by the tenant. The tenant admits they were well aware of the provision, that they had no intention of opening a gay or lesbian bar/resturants, and they wanted the place for a traditional bar so they agreed and signed the lease.
They have operated a traditional bar at the location, but it just wasn't making money. They now want to open a bar that does cater specifically to the gay communities in violation of the agreed upon lease. It is not about a transition to gay patrons or the influx of gay patrons, it is about the bar operators wantng to convert their current establishment to one specifically designed to cater to the gay community.
Landlords have the right to restrict the type of establishments that operate in their lease proiperties based on their own criteria so long as it does not deprive a protected class of their rights. So the true question is if that lease provision is now null due to the passage of SONDA by New York State? A judge will have to decide if that lease provision is a valid business interest, property rights, a SONDA violation, a grandfathered provision, or what.
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