Michigan Smoothie King employees fired after denying service to customer wearing Trump shirt

Two workers at an Ann Arbor Smoothie King are out of jobs after allegedly refusing service to a couple because of a Trump shirt.

Erika Lindemyer recorded the encounter after they say the employees at the smoothie shop on Jackson Road told them they weren't comfortable serving them because her husband had a hoodie with President Donald Trump's name on it.

In the video, the couple was heard telling the employees that what they were doing is discrimination and a crime, while the employees replied that they don't have to serve them.

A screengrab from Erika Lindemyer's video of the encounter

Smoothie King's corporate office responded to the encounter with a statement, saying that the owner of that franchise location is retraining employees on customer relations. Both the business' corporate arm and the franchise owner have also reached out to the couple to apologize.

Was denying service illegal?

Though Smoothie King chose to terminate the employees for denying service, attorney Jonathan Marko says it is not illegal for a private business to discriminate based on political views.

"A lot of people are surprised to find out that the constitutional freedom of speech does not apply to private businesses, which means private businesses can discriminate based on political viewpoint," he said. "You could refuse service to someone with a MAGA hat, or you could refuse service to someone with a Kamala Harris hat. It's just the law."

Marko noted that some states have laws that protect political speech, but Michigan is not one of them.

As for Smoothie King firing the employees over political beliefs, that is also legal, according to Marko.

"In a private company, they can do that," he said, adding that there are protections for federal workers, but the law is different for the private sector.

Smoothie King's full response

"As a brand, Smoothie King is committed to ensuring our stores are a place free of discrimination of any kind, where every guest and team member is treated with care and respect.

"Following an investigation into an incident involving a guest who was refused service at a franchised location in Michigan yesterday, the franchise owner has taken immediate action and the two employees involved are no longer with the business. Both the franchise owner and Smoothie King corporate have reached out to the guest several times to apologize and will continue to follow up. The local owner is also taking further action and enforcing mandatory retraining for all employees that outlines our guest experience standards."

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