I would counter with I wouldn't ask you to go to jail (nor would any waitress in that situation). All that I was answering was the one scenario that I quoted, where it seemed that there was a willful intent to "stick it to the man".
I was pointing out that there are more factors in play if paying is an option. Now if your server isn't around and the manager is forcing you to leave (this happened to me only once when a clearly inebriated regular decided it was okay to call me the "c" word, obviously nowhere close to an open carry issue on the spectrum of disruption) then obviously the restaurant's number one priority is to get the unruly customer out and the tab would be deleted from the server's final check out.
But if, as I took the scenario I originally quoted, the whole exchange is more civilized and not paying the tab was a way to try to register protest, I have had a hard-ass manager make me cover a bill that was left unpaid by unsatisfied customers. And you are correct, after that happened, I did chose to end my employment, but that was a steep $100+ lesson to learn.
All I meant to say was greet any situation with class, but for goodness sake don't go to jail over it!
When asked to leave for any reason one must do so "without delay". Remaining in the private business after being asked to leave is trespassing and punishable by law. Asking one to stick around, walk over the register, wait for bill, pay bill, wait for change, wait for food to put in take out bags (if I am paying for it I want it), leave tip etc is asking them to commit a criminal act.
I know that this would put the waitress in a bad position, for this reason I would suggest that they re-evaluate the restaurant they work for if it's a common occurrence.
