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Generally, customers of public accommodations such as restaurants, movie theaters, and gas stations are protected by federal law from discrimination on the basis of race, color, religion, national origin or other protected status. Federal law also provides that all citizens have equal rights to make and enforce contracts. These rights are guaranteed by Title II of the Civil Rights Act of 1964 and 42 U.S.C. § 1981.
Retail stores are a gray area, however, because federal courts have held that retail shopping is not a “public accommodation” and browsing in a store doesn't normally invoke the right-to-contract provision. While many states have passed anti-discrimination laws similar to or more stringent than federal laws, Texas is one of a handful of states that relies solely on the federal anti-discrimination provisions of the civil rights law. This means retail stores in Texas are probably not prohibited by state or federal law from engaging in discriminatory practices.
https://www.brazoslawyers.com/discrimination-private-business-legal-illegal
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