But the female staff would disagree.
Over time, they start to notice things. Lingering looks. Comments that don't quite cross the line — but get uncomfortably close. Walking employees to their cars when no one asked him to. Nothing overtly sexual. Nothing you can circle in red and say, that's the moment. Just a steady accumulation of unease.
Then management learns something else: the customer is a registered sex offender. His offense? Sexually propositioning a minor.
Can the business legally ban him? Yes. Full stop.
A brewery or taproom is a private business open to the public, but it isn't required to serve every member of the public. Federal law prohibits discrimination in public accommodations based on race, color, religion, and national origin — not on customer conduct.
State law may go further. Ohio, e.g., also prohibits discrimination in public accommodations based on sex, disability, age, ancestry, and military status. But even under Ohio law, a business may refuse service for neutral, conduct-based reasons that apply equally to all patrons.
Being a registered sex offender isn't a protected class. Neither is being a longtime regular. And refusing service because a patron makes employees uncomfortable or feel unsafe is a lawful business decision.
Indeed, the bigger legal risk is doing nothing.
Employers have a duty to provide a workplace free from harassment — including harassment by customers.
When management knows a customer's behavior is making employees uncomfortable, especially where there’s a sexual undertone, ignoring it creates legal exposure. Once the business has actual knowledge of a prior sex offense involving sexual misconduct, the risk only increases. If something escalates, "we didn't know" won't save you from liability.
By contrast, if handled properly, the legal risk of banning this customer is modest — and far smaller than the risk of keeping him around.
As far as communicating the ban, it's best to keep it simple, direct, and private. In many cases, it may be preferable to communicate the ban in writing rather than in person. A written notice creates a clear paper trail, avoids on-the-spot confrontation, and reduces the risk of escalation — especially where there are already safety concerns.
If he returns after receiving that notice, it's trespassing. Handle it accordingly with law enforcement.
This isn't about punishment or public shaming. It's about employee safety and risk management. When a customer repeatedly makes staff uncomfortable — and management knows it — banning him isn't just lawful. It's often the most legally defensible move an employer can make.