If it clearly states on the menu that an 18% fee is going to be tacked onto a party of 6 or more, then no, they should not be able to refuse.
However, I've had very very poor experiences in just a group of 4 for example, and the servers that the service is so bad that we weren't going to tip, so they put it directly on our bill. I wish there was an option for us there to refuse to pay.
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