Final answer:
Commanders may set private establishments as off-limits based on the need to protect service members from illegal activities or to preserve military discipline and reputation. The decision involves assessing potential risks and ensuring military personnel's safety, often in collaboration with legal authorities, while respecting due process and non-discriminatory practices in line with military laws and presidential powers as commander in chief.
Step-by-step explanation:
Commanders may emplace off-limits orders on private establishments to ensure the safety, health, and welfare of their personnel. Such orders are generally based on factors including the protection of service members from legal jeopardy or unhealthy environments, and maintaining good order and discipline within the force. For example, a commander may declare a private establishment off-limits if it's known for illegal activities that could cause harm to service members or tarnish the reputation of the military.
Under U.S. military law and policy, the criteria for placing an establishment off-limits often involve collaboration with local legal authorities to ensure that the due process rights of both the establishment and individuals are respected. The process includes an assessment of whether the presence of military personnel at the location would pose a significant risk or whether the establishment conducts activities that are incompatible with the military's mission or values.
Further, these actions stem from the president's powers as commander in chief and the established legal framework within which military operations, including the management of personnel, are conducted. Emphasis on equal opportunity and the prohibition of discrimination, as outlined by Executive Order 9981, also plays a part in maintaining the integrity of military conduct and could contribute to a commander's decision to place establishments off-limits.