Is this legal or not? - Expert Opinions Please

[omega5450]

I went to WalMart, I was buying the stuff in my cart, my gf went with who's 26, we had some beer in our cart, and they asked for her ID as well even though I was paying for everything and pushed the cart up to the counter. It feels like age discrimination as we were denied the sale because she didn't have her ID on her, it was at home.

What I'd like to know is, if this is actually legal or not? It feels like age discrimination of customers and that WalMart is trying to act like the police?

I'm asking for advice because I'm considering hiring attorney and suing them, I have the money, and the fact of the matter that bothers me most is that any bystander of the incident or someone in line with you or not even in line with you...why are they obligated to show ID if you are purchasing the alcohol? This makes me think of the 1/2 a century ago, when "colors" weren't allowed to shop at certain locations. (no offense to anyone, however it's the same context, I'm being refused or denied to purchase something, even though I am legally old enough and had ID to do so, however my girlfriend left her ID at home.)

If it is legal, please explain, because if I had walked in their with my 8 year old son and wanted to buy alcohol, are they insinuating that I'm going to give my son alcohol? It's not only embarrassing, it's offensive. They're making a judgement call based upon whether you look 40 or under to even ID you, and then if all parties that walk to the cash register with you aren't over 21 or don't have their ID on hand then they deny you the sale.

What constitutional obligation does someone who goes to the store with you requires them to have their ID?

How can someone be denied a purchase because of the lack of ID of someone that isn't purchasing the alcohol? I thought the civil rights movement cleared all this up, where I can purchase from any store as long as I'm fully clothed, not causing any problems, and am legally old enough to purchase alcohol, AND have my ID.

Thank you,

 

[mightymoose]

No, the store did nothing wrong. The store has a legal responsibility to verify age when making the sale. They can deny you the sale even with your ID. You could have simply gotten the required ID and come back to make the purchase. The store has every right to refuse the sale. If you are not happy with Wal-Mart's service then shop elsewhere.

I agree that it seems odd they carded her, but you have nothing to sue for. Save your money for more beer.

 

[shrinkmaster]

There are two kinds of discrimination legal and illegal. Example it snot unlawful to refuse service to someone with blonde hair but it is unlawful to refuse service to someone who is African American or the like. Yes this store made a poor decision but it was not unlawful. Just shop at a different store. You can also complain to store Mangement but it wont gain you anything but an apology. Yes you were discriminated against but it was not unlawful. we all discriminate in one degree or another everyday 90% of the time its not unlawful this is such a case

 

[army judge]

You have no constitutional requirement to carry (or even own) any government issued picture ID.

But, lacking same, makes boarding an airplane very difficult, not impossible, just complex.

Citizens (companies, too) owe no constitutional duties to one another.

Your "Jim Crow" reference was tortured, and way off base.

Your choice of language was racist on its face, and unnecessary.

That said, Walmart did nothing the law doesn't require.

The laws in all states require the merchant to KNOW (or inquire) that they are selling alcohol ONLY to folks over 21.

I'm a few years older than 21, and in some airports across this land, they won't sell alcoholic beverages to anyone unless they card them, everyone!

When that occurs, I simply walk away, or change my order to a coke or some other soft drink.

Generally, businesses card anyone they believe NOT to be 30, sometimes 40 years old.

So, get a good lawyer, I'm sure one or two are willing to accept a $5,000-10,000 retainer to sue Walmart for you.

But, don't expect to prevail.

What I'm wondering is why you didn't show your ID. You are older than 21, right?

 

[shrinkmaster]

OP states "he" was making the purchase but does not state he was asked or did show his ID. Regardless Walmart did not break any law

 

[cbg]

For the record, in Iowa age discrimination is only illegal in employment and credit situations. Even if this was blatant age discrimination (which it is not; the store had a legal obligation to verify the ages in question), since it was neither an employment nor a credit situation, it was not illegal under state law. Under Federal law, it's not age discrimination by definition since under Federal law, one has to be over 40 for age discrimination laws to kick in.

 

[Proserpina]

(I'm sorry - this thread actually gave me a bit of a giggle. My better half turned 50 last year, and earlier last year...got carded when buying wine for me at the grocery store. If you actually knew what he looked like, you'd think that was pretty ridiculous... )

 

[cbg]

:roflmao: :roflmao:

 

[Proserpina]

I know, right?! lol