I bothered our attorney and Jim is correct, a private sale like for fast food or something at the hardware store can deny the payment if they deem is unreasonable but say for a tax bill overdue they can't deny the payment type if its legal currency. So if he was past due he would "win". If he was paying a auto tax a week before the due date they could say pound sand.
A private merchant can deny sale to anyone as long as its not a civil rights issue....I had it mixed up.
Jim had it correct all along!
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