Actually, I have been wondering if being allowed to continue verbally abusing a person in a private commercial establishment, say a restaurant or movie theater to use to recent examples, doesn’t create a tort against the owner of the establishment.
After all, it is a private, commercial venue, not the public “commons,” and you pay for the service received. Does this payment not create the expectation of the right to eat your meal or watch the movie in peace? If, after asking the management to restore order, it fails to do so or actually encourages the disturbing behavior, do you not have a basis for a claim for damage?
A few strategic lawsuits might work against these sympathetic venues might work wonders for restoring civility.
Last sentence should read:
A few strategic lawsuits against these sympathetic venues might work wonders for restoring civility.