Funny that the allowance exists to refuse service on a subjective basis is in itself, the ability to discriminate.
A big catch-22 in terms of whose rights trump the others.
As I understand it, it goes back to the pre-civil rights times. Used to be you could refuse service to anyone for being dirty, smelly, offensive, abusive, black, brown, yellow, red, female, &c. When they made the laws saying that black/brown/yellow/red/female was illegal as a basis for refusing service, they had to find a way to keep dirty/smelly/offensive/abusive as a proper basis for refusal of service. Is it a loophole? Yeah, it is. But it's necessary. I used to do some discrimination work, and I spent a substantial chunk of my time explaining to people "it's not enough that they refused you and you're a minority, to make the case you have to demonstrate that they refused you BECAUSE you're a minority."
I'm reminded of an old episode of
Murphy Brown, where Candance Bergen is getting into it with Ed Asner. At one point she snaps "You're against me because I'm a woman!" Ed just sits back in his chair and laughs, and says "I'm a card-carrying member of NOW. I just don't like YOU!"
I'm curious about why the shop refused to allow him to try on the garments... There has to be some reason that touched-off the issue in the first place
Yep. If the shopowner can demonstrate that the customer (I dare not say "he" or "she") was abusive or offensive from the git-go, the shopowner should win. If it's a case of "but. . . but. . . you're a man!" the shopowner should lose.