Race Based Consumer Discrimination – Excessive Force

2. Florida Legal Context

What § 1981 covers. Congress broadened § 1981 so “make and enforce contracts” includes formation, performance, modification, and termination, and the benefits, privileges, terms, and conditions of the contractual relationship (42 U.S.C. § 1981(b)). This is why modern consumer scenarios—refusal to serve, forced prepayment, differential verification rules, calling police to eject a customer, etc.—fit § 1981.

Elements you must prove. In practice, plaintiffs must show:

1. they are in a protected racial class;
2. they sought to make or enforce a contract;
3. the defendant intentionally discriminated because of race; and
4. the discrimination impaired the right to contract (e.g., denial of service, worse terms, ejection, refusal to complete a sale).

Causation. The Supreme Court requires but-for causation for § 1981—race must be a but-for cause of the injury (Comcast Corp. v. National Ass’n of African American-Owned Media, 2020). You can prove this with direct evidence (statements) or circumstantial evidence (comparators, pattern, shifting explanations, video).

Who can sue. The plaintiff must have their own contractual rights at stake (not just a shareholder or bystander) (Domino’s Pizza, Inc. v. McDonald). § 1981 protects against race-based discrimination (including ancestry/ethnicity recognized as “race” under St. Francis College v. Al-Khazraji). Retaliation claims are cognizable (CBOCS West, Inc. v. Humphries).

Suing government entities. For state or local defendants, § 1981 claims are typically brought through 42 U.S.C. § 1983, and municipal liability requires a policy/custom/failure-to-train showing (the Monell framework) (Jett v. Dallas ISD).

Remedies & fees. Compensatory and punitive damages are available against private defendants; attorney’s fees may be recovered under 42 U.S.C. § 1988. (Punitive damages are not available against municipalities.)

Limitations. Most consumer § 1981 claims are governed by the federal four-year catch-all statute of limitations (28 U.S.C. § 1658). In Florida practice you can safely treat the window as four years from the discriminatory event; do not delay.

3. Real-World Application (common Florida scenarios)

• Retail / Restaurants: Refusal to serve; forcing a Black customer to prepay while others pay at the end; following, hovering, or demanding extra ID only from Black patrons; calling police to remove a customer for “loitering” while similarly situated white customers are allowed to shop or dine.
• Hotels / Travel / Rideshare: Cancelling reservations or rides, denying check-in, or imposing special conditions because of race.
• Banking / Financial Services: Refusing to cash checks, open accounts, or process transactions under the same terms extended to white customers; imposing additional hurdles or false “fraud” pretexts.
• Service Contracts / Venues: Ejecting a client or changing contract terms mid-transaction after a racial comment or profiling event.
• Retaliation: Terminating service, banning a customer, or calling law enforcement because they objected to racially disparate treatment.

Proof that moves the needle: store video, body-cam if police are called, point-of-sale logs, receipts, timestamps, contemporaneous complaints, policies/training materials, comparator evidence (how

4. Why It Matters for Business Clients

• Dignity and equal access. § 1981 enforces the basic promise that businesses cannot put a racial toll-booth on everyday commerce.
• Real consequences. Proven violations can yield damages (economic and emotional), punitive damages against private actors, and fee shifting for prevailing plaintiffs.
• For businesses: Getting this wrong is costly—exposure to damages, fees, injunctions, and brand harm. Proper policies, training, and documentation are essential.

5. How Our Law Firm Can Help

• Rapid intake & preservation. We secure video, point-of-sale data, chat logs, call audio, and policy manuals before they disappear; we send preservation letters immediately.
• Case theory & pleading. We frame the facts to meet but-for causation and the “make and enforce contracts” element, and (when public actors are involved) pair § 1981 with § 1983/Monell.
• Evidence development. We gather comparators, patterns, training gaps, and internal communications; depose managers and corporate reps.
• Negotiation & litigation. Strategic demands when leverage is high; file in federal court when needed; pursue damages, punitive damages (private defendants), and § 1988 fees.
• Compliance advisory for businesses. For corporate clients, we audit policies, train staff, and design response protocols that reduce risk and resolve complaints early.

6. FAQs (Frequently Asked Questions)

Q1: Do I have a case if the store was just “rude” to me?
Rudeness alone isn’t enough. You need intentional race discrimination that impairs your right to make or enforce a contract (refusal to serve, worse terms, ejection, or conditions not imposed on white customers).

Q2: Do I need to actually attempt a purchase?
Usually yes—$1981 is about contracting. Attempting to buy (or engage the service) and being blocked or burdened because of race is key.

Q3: What evidence helps most?
Receipts and timestamps, store or cellphone video, names of employees, written complaints you made, and comparators (how similarly situated white customers were treated at the same time).

Q4: Can I sue the individual employee and the company?
Yes. Private employers can be liable for their employees’ actions under respondeat superior, and the individual bad actor can also be named.

Q5: What if police were called to remove me?
You may have both a $1981 claim (against the business) and potential constitutional claims (e.g., false arrest or excessive force) against officers via $1983—we evaluate both tracks.

Q6: What’s the deadline to file?
Treat it as four years from the event in most consumer cases; some nuances exist, so earlier filing is always safer.

Q7: Can the business punish me for complaining?
Retaliation for opposing race discrimination tied to contracting is actionable under $1981.

7. How to Retain Our Law Firm

Depending on the case type, we offer different retainer options such as:

• 1-Hour Strategy Consultations: A high-impact session with the litigation attorney to assess your legal issues, review documents, answer questions, develop a legal roadmap and provide litigation budget. Consult Fee: $500.00 for the first 1-Hour.

• Traditional Initial Retainer: Pay an upfront initial retainer, and we bill at an hourly rate. Once the initial retainer is exhausted, we require an additional retainer. Retainer amount varies on a case-by-case basis.

• Hybrid Paid Retainer: Pay an upfront initial retainer, and we bill at an hourly rate. Once we exhaust the initial retainer, you pay a flat monthly rate until the conclusion of the case.

• Hybrid Contingency Retainer: Pay a one-time upfront initial retainer, the remaining attorney compensation will be received as a contingency once the case concludes. 

• Flat Fee Retainer: In certain circumstances, we may offer a flat fee litigation retainer. 

• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program). If you are a business and sign up as a BELAW Member (read below), you will receive initial litigation retainer and attorney fee discounts. Depending on your membership tier, our members may receive 50% to 100% waiver of the initial retainer.

All consultations are available in-person, by phone, or virtually. At the time of the consultation, you will officially be provided with the retainer options.

8. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

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10. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez, a seasoned litigator who has been trying cases in courtrooms across Florida since June 2004.

Gil practices in Florida state courts and in all three Florida federal districts, with jury trial experience in both state and federal court. He has litigated against some of the largest corporations in the United States, securing justice for both individuals and businesses as plaintiffs and defendants.

Over the past two decades, Gil has successfully handled a broad spectrum of civil and commercial litigation matters, including breach of contract, fraud, negligence, business disputes, consumer rights, real estate conflicts, torts, and more. His exposure to over 10 different areas of law gives him a rare, multidimensional perspective that most trial lawyers lack — allowing him to quickly identify issues, craft compelling arguments, and outmaneuver opposing counsel.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida, one of the country’s top public institutions. His unique blend of legal experience, business acumen, and real-world insight makes him not just a lawyer — but a powerful legal strategist.

Gil has been featured on CNN, ABC’s 20/20, and other major media outlets for his role in high-profile litigation. He’s also played a part in shaping Florida law, having helped pass legislation protecting the unborn — a testament to his ability to fight not only in court but also in the legislative arena.

Beyond the courtroom, Gil is a successful entrepreneur, licensed business broker (since 2007), adjunct professor of entrepreneurship, patented inventor, and bilingual advisor fluent in Spanish. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his ability to connect legal, business, and personal insight means clients get more than just legal counsel — they get a trusted partner.

Most importantly, Gil is a spiritual family man — a husband and father of three — whose values of empathy, integrity, and tenacity drive every case he takes.

11. The Law Firm’s Geographical Reach

We proudly represent people and businesses across Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

12. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.