Can Whataburger Detain You? Reddit’s Got Answers.

A Reddit thread came up the other day asking if the beloved Texas fast food restaurant could legally detain someone.

Whataburger is like cheap whiskey: harsh, a little rough around the edges, but somehow warms your soul. Everyone knows that Whataburger has a little bit of that Waffle House snarl to it. When it gets late, and the only thing open for drunk wanderers is the glowing orange haze of Whataburger, there’s a potential for rowdiness. Like when idiots from a middle-of-nowhere junior college near the Red River drive 45 minutes into Oklahoma at 3 a.m. for honey butter chicken biscuits and breakfast burgers.

If you Google “arrest at Whataburger,” you will get troves of news headlines. It turns out that sometimes the police aren’t fast enough, which can be frustrating. A Reddit thread recently posed a question that got our engines turning: “Is Whataburger allowed to detain you until the police arrive, or are they lying?”

We’re not entirely sure what prompted this thread, but we’re definitely here for it. Whataburger is a private business, so here’s what we could find out from Texas law and from Reddit lawyers, who are basically real lawyers.

What the Law Says?

There is not a ton of information on this, but under the Texas Civil Practice and Remedies Code, section 124.001, “A person who reasonably believes that another has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property.” So, yes, for theft, Whataburger can detain you within reason.

In the case of property destruction, Texas Penal Code 9.41, which covers property protection, essentially states that you can protect your property from trespassing and destruction. It doesn’t specifically mention detaining someone, but states that “reasonable force” is allowed, which we suppose could include detainment. 

This also aligns with Texas self-defense laws, as outlined in Penal Code 9.31, which says a person can defend themselves with reasonable force. So, if you decide to attack a Whataburger employee, they can reasonably defend themselves, which could result in the detainment of someone. Or … on the flip side, if a restaurant employee is trying to detain you, could you use reasonable force to defend yourself?

The biggest “loophole,” in this situation would fall under the Texas Code of Criminal Procedure Article 14.01, which reads, “A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.”

That is a fancy way of saying citizens’ arrest. If you commit a crime or disturb social peace at Whataburger, patrons or employees of said Whataburger could put you under citizen’s arrest and wait for law enforcement.

To summarize all of this: Yes. Whataburger can detain you because, as a private business in Texas, it may detain someone when employees personally witness a crime and use reasonable force under Texas laws on theft, property protection, or citizen’s arrest. All within reason, though, which feels like it adds a smidge of nuance.

There are probably more laws and codes that could be applied to provide more details to this question, but we aren’t lawyers. How about just eat your burger and shut the fuck up?

What’s Reddit Got to Say?

Luckily, some of the answers on the Reddit thread were much more helpful.

“Just leave bro,” is probably the best advice we saw.

One user said, “They can detain the food and drink, but not the mouth that eats it…”

The absolute best speaks for itself: “I’ll lock a bitch in the walk-in cooler if they fuck around too much in my lobby.”

But most importantly, remember, don’t trust the graduates of Reddit law school. 

“If you waited for an answer from the graduates of Reddit Law School, there’s a good chance you got nabbed. There’s also a very good chance you got horrible advice. Go with your gut, bro. It’s a safer bet.”

Just don’t cause a problem in Whataburger, plain and simple. However, if you are detained by employees or via citizens’ arrest, ensure you do so after the holidays, as it could be difficult to see a judge at this time of year, and you may have to sit in that cell until 2026.