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banned from Safeway Shoplifting, Larceny, Robbery, Theft

Discussion in 'Criminal Charges' started by exhausted all options, Sep 30, 2022.

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  1. exhausted all options

    exhausted all options Law Topic Starter New Member

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    Jurisdiction:
    California
    (The situation does not match any of your categories, so I put it in the least wrong section.)

    About two months ago, a security guard at Safeway told me that his partner (who was not there at the time), told him that I got "caught stealing" and that I was banned from Safeway. He did not say how many years the ban lasted, but he did say that he worked Tuesday through Saturday nights and I could come the other times. (It seems weird that he would tell me to come when he was not working). I offered to give him my ID card so he could see that Safeway did not issue me a Civil Demand Letter, and Safeway never caught me stealing. (Maybe someone that looked just like me got caught stealing. - "wrongful accusation, mistaken identity"). He refused my ID card. I asked if I could please look at the videotape. He told me he was not required to show me the videotape. He told me "we reserve the right to refuse service to anyone." There is no way to prove that you did *not* get caught stealing. Shoplifting is not on my rap sheet. I have never gotten arrested, sent to jail, convicted, or anything like that.

    I do not have a car, and after work, going to a different Safeway takes too much time/cash/energy.

    The security guard did not care or believe that I correctly told him that I did not get caught stealing from Safeway. I did not do anything in Safeway except getting the merchandise, paying, and the bathroom. I did not bother anyone, or do anything illegal, or do anything that could easily be confused as shoplifting.

    What, if anything, could I do about the ban?

    Thank you very much.
     
  2. army judge

    army judge Super Moderator

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    You must understand that if you do enter upon Safeway property, you can be summarily arrested for trespassing.

    As unfair as it may seem, businesses can deny entry upon their premises.

    What can you do, you ask?

    There is nothing you can do to cause Safeway to lift the ban.

    Stay away from, do not enter upon any Safeway property and you won't be arrested for trespassing.

    Entering any Safeway property will likely culminate in your arrest.

    You should always act prudently and wisely.
     
    hrforme likes this.
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    Try going up higher in the Safeway food chain, perhaps starting with the manager of the location where you want to shop. Apart from that, there is not much you can do here. There is no legal action you can take to force Safeway to let you shop there.

    However, if the security guard repeats his claims to management that you were caught stealing there when you contact the store manager, you may have a good claim to sue the security guard for defamation. Seeing a lawyer now for a letter to the guard that politely but firmly tells the guard he might get hit with a defamation suit may be all that is needed to get the guard to back off. Of course, if you make the threat to sue and do not go through with when the defamation does occur then if he calls your bluff that tactic will fail So be prepared to back it up if necessary. Defamation suits can be expensive to litigate. Discuss that with the attorney you consult.
     
    Red Kayak and justblue like this.
  4. adjusterjack

    adjusterjack Super Moderator

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    I agree. Start with a written complaint to the store manager about the guard's behavior, which sounds bogus to me.

    If you don't get a positive response from the store manager, preferably with a letter allowing you in the store at any time, try an email to one of the corporate officers listed at the following page.

    Safeway-Albertsons - Elliott Report
     
    Red Kayak likes this.
  5. zddoodah

    zddoodah Well-Known Member

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    This isn't a legal issue. It's a private matter between you and the store.
     

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