Re: Anti-tipping laws unconstituional

More | Report Post

It might not rank right up there with killing someone,
but it certainly ranks right up there with stealing,
for that's exactly what employer required tip pooling
is. It is a business practice which steals the
customers tip so that the customer cannot determine
for himself who will receive it.

You see, when employer required tip pooling is not
viewed as common theft but as a legal business practice,
employers are able to steal the customers tip away from
anyone the customer attempts to bestow a tip on, even if
the customer himself clearly explains to the business
owner that his tip is intended for a certain individual.
This blatant attempt to deny customer's their
constitutional right to determine who should receive
their tip is nothing more than a blatant attempt to
steal the customer's tip.

Now if anyone has a citation for the court case from
1919 which declared anti-tipping laws unconstitutional,
it would be not only be very beneficial to the mllions
of employees who customarily receive tips from the
public, it would be very beneficial to the 100's of
millions of customers who are currently having their
tips stolen so the business owners can make more money.
You see, if anti-tipping laws are unconstitutional,
then I believe laws denying customers their right to
determining who will be the recipient of their tip are
likewise unconstitutional.

I could be wrong but the IRS has defined tips and I
beleive their definition centers around this court
case from 1919.

The IRS explains:

Internal Revenue Service
Revenue Ruling

Revenue Ruling 57-397, C.B. 1957-2, 628, amplified.

Full Text

Rev. Rul. 59-252

To constitute a `tip' in the commonly accepted
meaning of the term, it is inherent in the nature
thereof that certain fundamental characteristics be
present. It must be presented by the customer free
from compulsion; he must have the unrestricted "right"
to determine the amount thereof; and such amount
should not be the subject of negotiation or dictated
by employer policy. Generally, the customer has the
"right" to determine precisely who shall be the recipient
of his generosity. The absence of any of these factors
creates a serious doubt as to whether the payment is
really a tip and indicates that it is in fact a service
charge for the use of certain facilities.

You see, the IRS clearly mentions the fact that customers
have the "right" to determine matters such as who will
be the recipient of their tip, what amount that employee
will receive and whether or not any employee will receive
a tip and yet our current laws are allowing employers to
deny the customer such rights. Employer required tip
pooling, a practice which several courts have ruled are
not prohibited by any laws, is a busines paractice which
deprives customers of their constitutional right to tip.
The fact that employer required tip pooling is clearly and
undeniable depriving customers of their right to determine
who will be the recipient of their tip is clear evidence
to me that this business practice is denying the public
their right to tip. The laws or rulings by the courts which
are allowing employers an ability to deny the public their
right to determine who will be the recipient of their tip
are laws or rulings which are no different than the laws
which prohibitted tipping back in the early 1900's.

If it was unconstitutional in 1919 for a law to prohibit
the public from tipping then it is also unconstitutional
for a law to prohibit customers from determining who will
be the recipient of their tip. Laws which allow employer
required tipping are laws which deprive the public of
their right to tip for such laws deprive the customer of
his right to determine who will be the recipient of his
tip which is clearly a part of the act of tipping.

Thank you again for your imput on this issue, however,
what I am really looking for is the citation for this
court case from 1919 and any information on whether or
not such ruling has ever been overturned.

On 12/11/05, Ozarks Lawyer wrote:
>
>
> I didn't know God issued a decree against pooling tips. Ranks
> right up there with not killing or coveting your neighbor's
> wife.
>

>
> On 12/09/05, chewtoy wrote:
>>
>> this other site CONCLUSIVELY PROVES that customers have (not
>> only) a constitutional (but also a GOD GIVEN) right to see
>> their tip ends up only in the pocket of the server of the
>> table where they abandoned it.
>>