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Thread: Asked to leave at Wendys

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    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holsterd side arm)
    I said no licenesd is requird to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politly said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.

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    Regular Member OrangeIsTrouble's Avatar
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    Did they take the food back or did you get to keep it?

    If they did take it back...they just threw it away anyway.... what a waste.

    I don't eat at wendys so no support for them!


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    Campaign Veteran gogodawgs's Avatar
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    Which Wendy's?
    Live Free or Die!

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    Campaign Veteran Right Wing Wacko's Avatar
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    Which Wendys was this? I OC in my local Wendys all the time, perhaps it's time for me to try a different one :shock:

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    This was at the Wendys on Evergreen Way and 75th in Everett.
    I always OC at the Wendys on Broadway and the one on Evergreen Way during the day for over a year. It just this night manager was all upset.

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    Regular Member Washintonian_For_Liberty's Avatar
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    phone guy wrote:
    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holsterd side arm)
    I said no licenesd is requird to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politly said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.
    Whenever confronted by anyone like this... I always ask "Are you the manager?" If they reply no... I then ask to see the manager. If they say no, I politely tell them that unless the manager tells me I must leave, and you can show me that it is your company's policy that you are enforcing, then I will not leave. I will finish my food and leave like a normal customer. If the manager approaches and tells me to leave... I'll demand my money back and I will leave. I will then write corporate and ask if this is their policy... and, well, you know the drill.
    Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. ~ George Washington

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    Right Wing Wacko wrote:
    Which Wendys was this?¬*¬* I OC in my local Wendys all the time, perhaps it's time for me to try a different one¬* :shock:
    Are you willing to come to Everett at night? I think the best way is to find out what the policy on firearms corporate has and then we can go in. Like this kid was scared!

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    Poosharker wrote:
    Did they take the food back or did you get to keep it?

    If they did take it back...they just threw it away anyway.... what a waste.

    I don't eat at wendys so no support for them!
    I am sure they threw it away.

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    Washintonian_For_Liberty wrote:
    phone guy wrote:
    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holsterd side arm)
    I said no licenesd is requird to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politly said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.
    Whenever confronted by anyone like this... I always ask "Are you the manager?" If they reply no... I then ask to see the manager. If they say no, I politely tell them that unless the manager tells me I must leave, and you can show me that it is your company's policy that you are enforcing, then I will not leave. I will finish my food and leave like a normal customer. If the manager approaches and tells me to leave... I'll demand my money back and I will leave. I will then write corporate and ask if this is their policy... and, well, you know the drill.
    You could be tresspassed doing exactly as you described. Just thought I'd point that out.

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    Regular Member Washintonian_For_Liberty's Avatar
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    kito109654 wrote:
    Washintonian_For_Liberty wrote:
    phone guy wrote:
    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holsterd side arm)
    I said no licenesd is requird to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politly said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.
    Whenever confronted by anyone like this... I always ask "Are you the manager?" If they reply no... I then ask to see the manager. If they say no, I politely tell them that unless the manager tells me I must leave, and you can show me that it is your company's policy that you are enforcing, then I will not leave. I will finish my food and leave like a normal customer. If the manager approaches and tells me to leave... I'll demand my money back and I will leave. I will then write corporate and ask if this is their policy... and, well, you know the drill.
    You could be tresspassed doing exactly as you described. Just thought I'd point that out.
    Only if the manager asks and you don't leave. If they have no sign saying no firearms allowed, then they have no right to ask you to leave. Manager has defacto rights to ask you to leave... counter idiots do not.
    Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. ~ George Washington

  11. #11
    Campaign Veteran Right Wing Wacko's Avatar
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    phone guy wrote:
    This was at the Wendys on Evergreen Way and 75th in Everett.
    I always OC at the Wendys on Broadway and the one on Evergreen Way during the day for over a year. It just this night manager was all upset.
    Thats actually a pretty bad part of town. No way I'm going there without my sidearm!

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    Washintonian_For_Liberty wrote:
    kito109654 wrote:
    Washintonian_For_Liberty wrote:
    phone guy wrote:
    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holsterd side arm)
    I said no licenesd is requird to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politly said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.
    Whenever confronted by anyone like this... I always ask "Are you the manager?" If they reply no... I then ask to see the manager. If they say no, I politely tell them that unless the manager tells me I must leave, and you can show me that it is your company's policy that you are enforcing, then I will not leave. I will finish my food and leave like a normal customer. If the manager approaches and tells me to leave... I'll demand my money back and I will leave. I will then write corporate and ask if this is their policy... and, well, you know the drill.
    You could be tresspassed doing exactly as you described. Just thought I'd point that out.
    Only if the manager asks and you don't leave. If they have no sign saying no firearms allowed, then they have no right to ask you to leave. Manager has defacto rights to ask you to leave... counter idiots do not.
    I was under the impression that if any employee asks you to leave, you must. I wouldn't want to find out what the police would do if that employee called and said a man would not leave. The employee is able to refuse service to anybody for any reason, so why wouldn't he be able to ask you to leave?

    If I am misinformed I would certainly like to get it straight.

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    If they have no sign saying no firearms allowed, then they have no right to ask you to leave.
    I will not be contributing to your legal defense fund.

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    Regular Member Metalhead47's Avatar
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    Washintonian_For_Liberty wrote:
    Only if the manager asks and you don't leave. If they have no sign saying no firearms allowed, then they have no right to ask you to leave. Manager has defacto rights to ask you to leave... counter idiots do not.
    There's been alot of back & forth on this one lately. Consensus seems to be that any employee, as designated agent of that business, can ask you to leave for any reason what so ever, and if you refuse, you can be trespassed. Whether such an action is in line with the greater corporate policy is another matter, but that wouldn't change the trespassing charge:what:

    To the OP: IMHO, sounds like there was a missed opportunity for educating here. The kid was plainly scared, perhaps a less confrontational response and a quick rundown on state law and why you couldn't cover up/put it in the car might have had a better outcome.

    How late at night were you there?
    It is very wise to not take a watermelon lightly.

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    Regular Member compmanio365's Avatar
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    Washintonian_For_Liberty wrote:
    phone guy wrote:
    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holsterd side arm)
    I said no licenesd is requird to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politly said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.
    Whenever confronted by anyone like this... I always ask "Are you the manager?" If they reply no... I then ask to see the manager. If they say no, I politely tell them that unless the manager tells me I must leave, and you can show me that it is your company's policy that you are enforcing, then I will not leave. I will finish my food and leave like a normal customer. If the manager approaches and tells me to leave... I'll demand my money back and I will leave. I will then write corporate and ask if this is their policy... and, well, you know the drill.
    Did this at Walmart and a few other places through my days OCing, so far, and has always worked out well. Usually it's some underling who wet his panties at seeing a big bad gun and the manager has enough of a head on his/her shoulders to say, "You seem like a decent enough guy, sorry for the misunderstanding, we appreciate you as a customer". The few times that hasn't been the case, I had no issue with leaving as requested and taking up the case with corporate or the owner of said business.

  16. #16
    Regular Member Washintonian_For_Liberty's Avatar
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    kito109654 wrote:
    Washintonian_For_Liberty wrote:
    kito109654 wrote:
    Washintonian_For_Liberty wrote:
    phone guy wrote:
    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holstered side arm)
    I said no licensed is required to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politely said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.
    Whenever confronted by anyone like this... I always ask "Are you the manager?" If they reply no... I then ask to see the manager. If they say no, I politely tell them that unless the manager tells me I must leave, and you can show me that it is your company's policy that you are enforcing, then I will not leave. I will finish my food and leave like a normal customer. If the manager approaches and tells me to leave... I'll demand my money back and I will leave. I will then write corporate and ask if this is their policy... and, well, you know the drill.
    You could be trespassed doing exactly as you described. Just thought I'd point that out.
    Only if the manager asks and you don't leave. If they have no sign saying no firearms allowed, then they have no right to ask you to leave. Manager has defacto rights to ask you to leave... counter idiots do not.
    I was under the impression that if any employee asks you to leave, you must. I wouldn't want to find out what the police would do if that employee called and said a man would not leave. The employee is able to refuse service to anybody for any reason, so why wouldn't he be able to ask you to leave?

    If I am misinformed I would certainly like to get it straight.
    So what your saying is that it is legal for any employee to ask anyone to leave for any reason.... so I could tell a black man "We don't serve blacks here.... leave or I'll call the police and have you trespassed!"???

    If you ask to see the manager, he must comply. If the manager tells you to leave, then and ONLY then can you be trespassed if you refuse.

    They are open to the public, and with no sign saying you cannot carry, you can carry. Owners and managers can ask you to leave and I'll respect their request even if I find their attitude or decision to be very wrong. Peons at the front desk will get only scorn from me.

    Every time I've had some little peon tell me to leave from a restaurant or store, I've always been successful at demanding to see the manager. Even when mall security has asked me to leave, I demanded to see the manager of the store, asked their policy... and I've always gotten management to talk with me. If it turned out to be mall policy, I leave. But if its not, and the store manager does not mind... I stay with permission of the manager.

    Now, when I say "peon" I'm not calling them a peon to their face... that would be confrontational... but I make sure to be very stern, and make it clear that my rights are being violated (even if they're not really being violated) as that makes the liberals who are usually the ones asking me to leave just as nervous.
    Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. ~ George Washington

  17. #17
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Washintonian_For_Liberty wrote:
    kito109654 wrote:
    Washintonian_For_Liberty wrote:
    kito109654 wrote:
    Washintonian_For_Liberty wrote:
    phone guy wrote:
    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holstered side arm)
    I said no licensed is required to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politely said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.
    Whenever confronted by anyone like this... I always ask "Are you the manager?" If they reply no... I then ask to see the manager. If they say no, I politely tell them that unless the manager tells me I must leave, and you can show me that it is your company's policy that you are enforcing, then I will not leave. I will finish my food and leave like a normal customer. If the manager approaches and tells me to leave... I'll demand my money back and I will leave. I will then write corporate and ask if this is their policy... and, well, you know the drill.
    You could be trespassed doing exactly as you described. Just thought I'd point that out.
    Only if the manager asks and you don't leave. If they have no sign saying no firearms allowed, then they have no right to ask you to leave. Manager has defacto rights to ask you to leave... counter idiots do not.
    I was under the impression that if any employee asks you to leave, you must. I wouldn't want to find out what the police would do if that employee called and said a man would not leave. The employee is able to refuse service to anybody for any reason, so why wouldn't he be able to ask you to leave?

    If I am misinformed I would certainly like to get it straight.
    So what your saying is that it is legal for any employee to ask anyone to leave for any reason.... so I could tell a black man "We don't serve blacks here.... leave or I'll call the police and have you trespassed!"???

    If you ask to see the manager, he must comply. If the manager tells you to leave, then and ONLY then can you be trespassed if you refuse.

    They are open to the public, and with no sign saying you cannot carry, you can carry. Owners and managers can ask you to leave and I'll respect their request even if I find their attitude or decision to be very wrong. Peons at the front desk will get only scorn from me.

    Every time I've had some little peon tell me to leave from a restaurant or store, I've always been successful at demanding to see the manager. Even when mall security has asked me to leave, I demanded to see the manager of the store, asked their policy... and I've always gotten management to talk with me. If it turned out to be mall policy, I leave. But if its not, and the store manager does not mind... I stay with permission of the manager.

    Now, when I say "peon" I'm not calling them a peon to their face... that would be confrontational... but I make sure to be very stern, and make it clear that my rights are being violated (even if they're not really being violated) as that makes the liberals who are usually the ones asking me to leave just as nervous.
    Race is a protected class. Firearms are not.

    My understanding, and it varies from state to state, is it's the owner, manager or their agents that can ask you to leave for any reason as long as it's not a protected class. So is any employee an agent of the business??? I don't know. My guess is they are.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  18. #18
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    Venator wrote:
    Washintonian_For_Liberty wrote:
    kito109654 wrote:
    Washintonian_For_Liberty wrote:
    kito109654 wrote:
    Washintonian_For_Liberty wrote:
    phone guy wrote:
    Went to Wendys last night and ordered my food paid for it and as the guy was handing me my tray of food he asked if I had a license for "IT". (my holstered side arm)
    I said no licensed is required to open carry a pistol in this state. He ask me to take "IT" to my car. I said I can not. Then he said you need to take your food and eat it in your car.
    I politely said I planed to eat in the dinning room like every one else, however if I can't I want a refund and I will go some where else. The kid was clearly shaking at the cash register giving me the wrong amount of refund money like $5.00 to much. Closed the drawer and could not open it again as I gave him back the extra money.
    Whenever confronted by anyone like this... I always ask "Are you the manager?" If they reply no... I then ask to see the manager. If they say no, I politely tell them that unless the manager tells me I must leave, and you can show me that it is your company's policy that you are enforcing, then I will not leave. I will finish my food and leave like a normal customer. If the manager approaches and tells me to leave... I'll demand my money back and I will leave. I will then write corporate and ask if this is their policy... and, well, you know the drill.
    You could be trespassed doing exactly as you described. Just thought I'd point that out.
    Only if the manager asks and you don't leave. If they have no sign saying no firearms allowed, then they have no right to ask you to leave. Manager has defacto rights to ask you to leave... counter idiots do not.
    I was under the impression that if any employee asks you to leave, you must. I wouldn't want to find out what the police would do if that employee called and said a man would not leave. The employee is able to refuse service to anybody for any reason, so why wouldn't he be able to ask you to leave?

    If I am misinformed I would certainly like to get it straight.
    So what your saying is that it is legal for any employee to ask anyone to leave for any reason.... so I could tell a black man "We don't serve blacks here.... leave or I'll call the police and have you trespassed!"???

    If you ask to see the manager, he must comply. If the manager tells you to leave, then and ONLY then can you be trespassed if you refuse.

    They are open to the public, and with no sign saying you cannot carry, you can carry. Owners and managers can ask you to leave and I'll respect their request even if I find their attitude or decision to be very wrong. Peons at the front desk will get only scorn from me.

    Every time I've had some little peon tell me to leave from a restaurant or store, I've always been successful at demanding to see the manager. Even when mall security has asked me to leave, I demanded to see the manager of the store, asked their policy... and I've always gotten management to talk with me. If it turned out to be mall policy, I leave. But if its not, and the store manager does not mind... I stay with permission of the manager.

    Now, when I say "peon" I'm not calling them a peon to their face... that would be confrontational... but I make sure to be very stern, and make it clear that my rights are being violated (even if they're not really being violated) as that makes the liberals who are usually the ones asking me to leave just as nervous.
    Race is a protected class. Firearms are not.

    My understanding, and it varies from state to state, is it's the owner, manager or their agents that can ask you to leave for any reason as long as it's not a protected class. So is any employee an agent of the business??? I don't know. My guess is they are.
    In Wa. they are but you still have the right to ask to speak with a manager. If you are told no and ordered to leave then you must leave or face possible trespassing charges.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

  19. #19
    Regular Member sudden valley gunner's Avatar
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    Dejavue!!!!!!!!
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
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    Right Wing Wacko wrote:
    phone guy wrote:
    This was at the Wendys on Evergreen Way and 75th in Everett.
    I always OC at the Wendys on Broadway and the one on Evergreen Way during the day for over a year. It just this night manager was all upset.
    Thats actually a pretty bad part of town.¬* No way I'm going there without my sidearm!
    Is'nt like all of Everett a bad area. Not like "Tacoma bad" but close.

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    It is not a criminal offense to be trespassed. Only if it becomes criminal trespass by refusing to leave. You have every right to ask to see a manager and the act of this would not be seen as refusal.

  22. #22
    Regular Member Washintonian_For_Liberty's Avatar
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    Venator wrote:
    Race is a protected class. Firearms are not.
    I am not a firearm.
    Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. ~ George Washington

  23. #23
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    Any employee can refuse service to anyone for any reason, except for reasons based on race, religion, orientation, gender, etc.
    Quote Originally Posted by SayWhat View Post

    Shooters before hooters.

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    My religion is 'The way of the gun' and it's discrimination to refuse me service.
    "Think lightly of yourself and deeply of the world." ~ Musashi

  25. #25
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    The Church of John Browning and Latter Day Changes.....

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