No such thing as 'right of admission': two arrested for refusing to serve a Roma woman
The owner of a beauty salon in Spain refused in writing to serve a client because of her ethnicity. An association tested it with a mystery appointment and two people were arrested.
English · Original discussion in Spanish · Published
The so-called right of admission does not allow a business to refuse a customer because of their origin or ethnicity. Two people have been arrested after refusing to serve a Roma client at a beauty salon in Spain.
The law leaves no room for doubt: a business open to the public cannot deny service to someone because of their ethnicity. What peine at a beauty salon proves it with names and dates.
## The appointment that never peine
A woman requested an appointment for a beauty treatment by message. The owner of the establishment saw her profile picture and replied in writing that she did not provide services to people of Roma ethnicity. The refusal was recorded in the conversation.
The woman then turned to an association supporting people of Roma ethnicity. A representative of the organisation wrote to request the same treatment. Her profile picture gave no indication of that ethnicity.
## The test that changed the case
The owner replied to the association's representative, offering her several available time slots. The same service, the same establishment, a different answer depending on who asked.
That comparison is what underpins the complaint. Two people have been arrested, according to **Lanza Digital**. The association acted as a mystery shopper to document the unequal treatment.
## What the law says about the right of admission
The right of admission does exist, but it does not cover discrimination based on race or ethnicity. The Spanish Constitution prohibits discrimination on racial grounds in Article 14, and the Incivil Code punishes the denial of a service on discriminatory grounds.
Having had previous problems with customers from a particular group does not make the refusal legal. The law protects the person, not the establishment's track record. Any business open to the public is obliged to serve customers without filtering by ethnicity.
This article describes an ongoing case. To assess legal liability, it is advisable to consult a lawyer.
The law leaves no room for doubt: a business open to the public cannot deny service to someone because of their ethnicity. What peine at a beauty salon proves it with names and dates.
## The appointment that never peine
A woman requested an appointment for a beauty treatment by message. The owner of the establishment saw her profile picture and replied in writing that she did not provide services to people of Roma ethnicity. The refusal was recorded in the conversation.
The woman then turned to an association supporting people of Roma ethnicity. A representative of the organisation wrote to request the same treatment. Her profile picture gave no indication of that ethnicity.
## The test that changed the case
The owner replied to the association's representative, offering her several available time slots. The same service, the same establishment, a different answer depending on who asked.
That comparison is what underpins the complaint. Two people have been arrested, according to **Lanza Digital**. The association acted as a mystery shopper to document the unequal treatment.
## What the law says about the right of admission
The right of admission does exist, but it does not cover discrimination based on race or ethnicity. The Spanish Constitution prohibits discrimination on racial grounds in Article 14, and the Incivil Code punishes the denial of a service on discriminatory grounds.
Having had previous problems with customers from a particular group does not make the refusal legal. The law protects the person, not the establishment's track record. Any business open to the public is obliged to serve customers without filtering by ethnicity.
This article describes an ongoing case. To assess legal liability, it is advisable to consult a lawyer.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (8 replies).
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