Arsenal–Tottenham is one of the nastiest rivalries in sports. If you don't follow English football, think Eagles–Cowboys, Yankees–Red Sox, or Ohio State–Michigan, and then crank it up a notch or ten. London neighbors. More than a century of history and hatred.

Which is why it was a really, really big deal earlier this week when Thomas Frank, Tottenham's manager, was photographed holding a coffee cup with an Arsenal logo on it.

Social media lost its mind.

By all accounts, it was an accident. Spurs were away at Bournemouth. Arsenal had just played there over the weekend. Frank grabbed a cup from the away dressing room without noticing it belonged to his club's biggest rival. Asked about it, he responded the only way he could: "Of course I wouldn't do that. That would be really stupid." He added that with Spurs not playing well, it would be "absolutely stupid" for him to focus on something so trivial instead of the football.

Fair enough. Especially when the Arsenal sit 22 points clear at the top of the table and Spurs are mired in 14th.

Your workplace could have its own version of this moment. The trade show photo. The LinkedIn post. The Instagram story that lives forever in screenshots. There's your employee—company badge on—wearing the wrong quarter-zip. Holding a competitor's tote bag. Standing a little too close to a rival's booth. Marketing panics. Leadership fumes. Someone asks whether "this is a problem."

Start with the obvious question: Was it intentional? Most of the time, no. Swag is everywhere. People grab what's clean, warm, or nearby. That's not disloyalty. It's human.

Next question: Was there any real harm? Did a customer complain? Did a deal fall apart? Or did only internal pride take a hit? If the damage is theoretical or ego-based, you're already flirting with overreaction.

Then ask the most important question: What culture are you reinforcing? If you treat honest mistakes like acts of betrayal, employees learn to hide things—or to stop using judgment altogether. A quiet reminder about branding expectations is reasonable. Discipline usually isn't. Sure, if an employee is deliberately promoting a competitor or repeatedly ignoring guidance, that’s a different conversation. But earn that conclusion with facts, not outrage.

Not every rival logo is treason. Sometimes it's just the wrong cup in the wrong locker room. Sometimes a coffee cup is just a coffee cup.

And for the record…

The 6th Circuit just delivered an opinion that reinforces two lessons employers should already know: accommodations require clarity and documentation, and timecard falsification is a litigation killer.

1.) Document accommodation requests and responses.

2.) Use objective data when investigating misconduct.

3.) Interview, corroborate, and escalate appropriately.

4.) If integrity is the issue, treat it as a bright line.

He's a regular. Spends money. Knows the beer list. The kind of customer small breweries are told they can't afford to lose.

But the female staff would disagree.

Over time, they start to notice things. Lingering looks. Comments that don't quite cross the line — but get uncomfortably close. Walking employees to their cars when no one asked him to. Nothing overtly sexual. Nothing you can circle in red and say, that's the moment. Just a steady accumulation of unease.

Then management learns something else: the customer is a registered sex offender. His offense? Sexually propositioning a minor.

Can the business legally ban him? Yes. Full stop.

A brewery or taproom is a private business open to the public, but it isn't required to serve every member of the public. Federal law prohibits discrimination in public accommodations based on race, color, religion, and national origin — not on customer conduct.

State law may go further. Ohio, e.g., also prohibits discrimination in public accommodations based on sex, disability, age, ancestry, and military status. But even under Ohio law, a business may refuse service for neutral, conduct-based reasons that apply equally to all patrons.

Being a registered sex offender isn't a protected class. Neither is being a longtime regular. And refusing service because a patron makes employees uncomfortable or feel unsafe is a lawful business decision.

Indeed, the bigger legal risk is doing nothing.

Employers have a duty to provide a workplace free from harassment — including harassment by customers.

When management knows a customer's behavior is making employees uncomfortable, especially where there’s a sexual undertone, ignoring it creates legal exposure. Once the business has actual knowledge of a prior sex offense involving sexual misconduct, the risk only increases. If something escalates, "we didn't know" won't save you from liability.

By contrast, if handled properly, the legal risk of banning this customer is modest — and far smaller than the risk of keeping him around.

As far as communicating the ban, it's best to keep it simple, direct, and private. In many cases, it may be preferable to communicate the ban in writing rather than in person. A written notice creates a clear paper trail, avoids on-the-spot confrontation, and reduces the risk of escalation — especially where there are already safety concerns.

If he returns after receiving that notice, it's trespassing. Handle it accordingly with law enforcement.

This isn't about punishment or public shaming. It's about employee safety and risk management. When a customer repeatedly makes staff uncomfortable — and management knows it — banning him isn't just lawful. It's often the most legally defensible move an employer can make.

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