Restaurants (and other businesses) sometimes post signs stating that they reserve the right to refuse service to anyone. But Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, sex, religion, or national origin and the Americans with Disabilities Act (ADA) prohibits discrimination by places of public accommodation (including restaurants) on the basis of disability.

In addition to these federal statutes that prohibit discrimination against protected classes of persons, some states and cities have laws that prohibit discrimination based on other classifications—such as sexual orientation.

Restaurants have the right to exclude or refuse to serve persons that fail to meet a dress code, for example (“No shoes, no shirt, no service”) or are disruptive, for example, but they do not have the right to exclude or discriminate against persons based on being part of a class or group of persons protected by federal law or by state or local laws.

In New Hampshire, restaurants and other businesses do have the right to refuse service to individuals under certain circumstances, such as failure to adhere to a dress code or disruptive behavior. However, this right is limited by federal laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), which prohibit discrimination on the basis of race, color, sex, religion, national origin, and disability. New Hampshire state law also prohibits discrimination in places of public accommodation, which includes restaurants, on these same bases. Additionally, New Hampshire law includes protections against discrimination based on sexual orientation, age, marital status, and veteran status. Therefore, while businesses can enforce reasonable rules regarding patron behavior and attire, they cannot refuse service based on characteristics protected under federal or state anti-discrimination laws.