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ARTICLE · 22 JULY 2020

Fifth Circuit Says No Plaintiff Fact Sheet Equals No Case

We've all seen the signs – No Shoes, No Shirt, No Service.

United StatesLitigation, Mediation & Arbitration

We've all seen the signs - No Shoes, No Shirt, No Service. Their exact origin may be unknown but these signs appear to have come to popularity in the 1960s and 1970s as a response by businesses to keep "long-haired hippies" out of stores and restaurants. Or maybe they were there before that but just got pointed out when Five Man Electrical Band's Signs became a hit in 1971. You've got to have a shirt and tie to get a seat. Long-haired freaky people need not apply. Whatever the case, those signs are getting a 2020 update to No Shoes, No Shirt, No Mask, No Service. Regardless of where you come out on the issue, we point it out only as a means to say it long has been acceptable for businesses to set general standards for patronage when those parameters were at least arguably geared toward public welfare, safety, and hygiene. Really, we've all seen the guy walk to the airplane bathroom barefoot and immediately wondered why there isn't a "wear your shoes" sign right next

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