This East Dallas restaurant has been serving bowls of loaded queso and plates of enchiladas for more than a decade. But the cozy neighborhood spot with a fun (and usually crowded) patio has a message for customers: If you smell like marijuana, you won't be served.
The no-weed-stink policy has been in effect for about five years, the restaurant's owner says, but it recently drew attention on social media. One commenter responded in a post on Facebook, "thanks for the heads up on that. Not so much tryna stick it to their business more than just wanted to be in a place I’m not gonna get my high blown lol"
"I always smell like weed tho…. & e bar queso was my favorite. Lame," wrote another.
Broad support for marijuana use has grown exponentially over the past several decades. A Pew Research study found that 88% of Americans support legalizing marijuana for either medical or recreational use. California, Colorado and many other states have legalized use, and nationwide there's been a steep rise in acceptance; in 1985 only 23% of Americans supported legalization.
Can Restaurants Refuse To Serve Someone Who Smells Like Marijuana?
We recently wrote about dress code signs at Dallas restaurants that have drawn allegations of racism. Dallas City Code prohibits discrimination based on race, religion, sex, color or national origin. Restaurants and bars must post dress codes in writing, in a conspicuous and clearly visible location.“Like other businesses, Texas restaurants can deny service to customers as long as they follow federal, state and local non-discrimination laws," Kelsey Erickson Streufert, chief public affairs officer at the Texas Restaurant Association, says. "When restaurants proactively adopt clear policies that align with these legal standards — and appropriately train employees to implement them on a fair and consistent basis — it helps to ensure a welcoming dining experience and sets expectations for both customers and employees alike."
So, yes, restaurants can refuse service, so long as it's applied equally to everyone.
Why Does E-Bar Have this Policy?
E-Bar owner Ernie Quinlantan says his business has been enforcing the policy for about five years. Sometimes when the windows are cleaned, the sign gets taken down, then is put back up in a place that is not quite so obvious. "People reeking of marijuana, it just ruins everybody's experience around them, you can't possibly have a great meal with someone who has that much odor," Quinlantan says.
In every case, he says, the smell has been overwhelming; no one is getting a sniff test as they walk in. Since he started enforcing the smell code, he says he's never had much of an issue after asking people to leave.
"Some people have something to say, it depends on the person, but most of the time it's not an issue," Quinlantan says.
There are also liability issues around it, Quinlantan points out.
"If you're reeking of marijuana, then you're already under the influence," he says. From a liability standpoint, he doesn't want to continue to serve someone and escalate a situation. Quinlantan trains his staff to manage these situations and says they also ask people to leave who have already had too much to drink.
Air it out, folks.
