Man who happens to carry a messenger bag

[Macchiato55]

Jurisdiction

North Dakota

good day. I am a man who sometimes uses a messenger bag as I have things to carry also. Today I was in a store that has a no backpack policy. That policy is clearly stated upon entering the store. I have used a backpage in the store and was asked to leave it at the counter, and I did with maybe a little attitude about it. I am really apposed to the idea that everyone who has a backpack is a thief. On that day when I had to hand over my backpack a woman had a fanny pack that was clearly visible and that was allowed. After being treated like a thief, I made the adjustment of using my messenger bag/satchel thinking this would stop the store from hassling me. Today as I walk into the store I was asked to leave my bag and with obvious opposement I said the store policy is I can't have a backpack and this isn't a backpack. I suppose the woman didn't anticipate such a rebuke and looked for assistant from another cashier and I was given the okay. Even though I was allowed to keep my bag in the store I still feel like I am being discriminated against based on gender because I highly doubt they would hassle women using purses this same way. Do I have a legit case of gender discrimination?


How is that silly?

I would concede that if the store asked roughly fifty percent of the women who came in wearing purses to leave them at the counter then there is no argument.

I suspect they don't ask any as its normal for a woman to have a purse.


I am really not that worked up about it. I just wanted to learn about the law when these situations come up which is why I am here. What really annoys me though is the opinions that aren't based on law that have come up on here. So I thank you for actual law relevant information.

 

[justblue]

good day. I am a man who sometimes uses a messenger bag as I have things to carry also. Today I was in a store that has a no backpack policy. That policy is clearly stated upon entering the store. I have used a backpage in the store and was asked to leave it at the counter, and I did with maybe a little attitude about it. I am really apposed to the idea that everyone who has a backpack is a thief. On that day when I had to hand over my backpack a woman had a fanny pack that was clearly visible and that was allowed. After being treated like a thief, I made the adjustment of using my messenger bag/satchel thinking this would stop the store from hassling me. Today as I walk into the store I was asked to leave my bag and with obvious opposement I said the store policy is I can't have a backpack and this isn't a backpack. I suppose the woman didn't anticipate such a rebuke and looked for assistant from another cashier and I was given the okay. Even though I was allowed to keep my bag in the store I still feel like I am being discriminated against based on gender because I highly doubt they would hassle women using purses this same way. Do I have a legit case of gender discrimination?

No.

 

[Zigner]

Heck, I'd have forced you to leave the store.

 

[zddoodah]

I am really apposed to the idea that everyone who has a backpack is a thief.

No one believes that. However, since there is no way to determine in advance who is and isn't a thief, some stores adopt policies such as you described.

I still feel like I am being discriminated against based on gender

That's silly.

Do I have a legit case of gender discrimination?

No.

Here's a helpful life hint: stop worrying about stupid stuff and being difficult about things. If the store has a "no backpacks" policy, don't be surprised if it also applies to "messenger bags" or any other similar bag, regardless of name. If a store has a policy and you want to shop there, then comply with the policy without attitude. If you don't like the policy enough, then shop somewhere else. And don't assume discriminatory motive when the conduct in question can be easily explained by at least two non-discriminatory reasons (e.g., fanny packs are much smaller than the other types of bags you mentioned and someone simply might have overlooked it).

 

[Zigner]

Shop somewhere else - problem solved.

 

[Tax Counsel]

How is that silly. I would concede that if the store asked roughly fifty percent of the women who came in wearing purses to leave them at the counter then there is no argument. But I suspect they don't ask any as its normal for a woman to have a purse.

If you can show that only men are asked to leave their bags at the counter then go ahead and make a complaint to the North Dakota Division of Human Rights. That is the agency that enforces the state law prohibiting discrimination by places of public accommodation on the basis of sex. If it determines that the store is illegally discriminating it will seek an appropriate remedy. Note that the remedy might turn out to be that all customers, women and men, must be subject to the policy, in which case it would not change how the store treats you.

Note that federal law does not prohibit businesses from discriminating on the basis of sex.

Discrimination aside, personally I think this kind of requirement by a store is a pretty minor inconvenience and not worth getting worked up over. If it does truly bother you, vote with your feet and shop elsewhere. You are free to contact the store owner and tell him/her why you have chosen to no longer shop there.

 

[adjusterjack]

How is that silly

People who are silly never believe that they are silly.

Your rant is way over the top.

 

[zddoodah]

How is that silly.

It's silly to assume -- without any additional information -- that allowing one woman with a fanny pack to enter the store one time means that stopping you for having a messenger bag is gender-based discrimination. As I explained, there are other non-discriminatory reasons for this.

But I suspect. . . .

In other words, you're speculating.

Is it possible that you're being discriminated against on the basis of gender? Of course it's possible. Is it likely? No.

What really annoys me though is the opinions that aren't based on law that have come up on here.

It's worth pointing out that you haven't really raised any issue that requires "opinions . . . based on law." You basically asked if you were the victim of gender-based discrimination based on two isolated events. While "Tax_Counsel" mentioned some law on the issue, your question was really entirely fact-based.