public humiliation by a business

[frankttt]

An adult business/fetish store in Seattle sold me a product that was only half full when I opened it. After arguing with the employee, who accused me of swapping the product with one from my car, I was "86'ed" from the business. I know any business has the right to refuse service, but they took my photo and told me they were going the post it on the wall, behind their counter, which is like a humiliation wall, for all the public to see. Considering the kind of store it is, I am suffering over this; I want my photo taken down. (I don't care about not being allowed back into the business... after this I don't want to spend any more money there anyway). Is this something I can take them to court over, if they don't take my photo off their wall ?

Thanks,
frankttt in Seattle

 

[Malibu_Barbie]

An adult business/fetish store in Seattle sold me a product that was only half full when I opened it. After arguing with the employee, who accused me of swapping the product with one from my car, I was "86'ed" from the business. I know any business has the right to refuse service, but they took my photo and told me they were going the post it on the wall, behind their counter, which is like a humiliation wall, for all the public to see. Considering the kind of store it is, I am suffering over this; I want my photo taken down. (I don't care about not being allowed back into the business... after this I don't want to spend any more money there anyway). Is this something I can take them to court over, if they don't take my photo off their wall ?

Thanks,
frankttt in Seattle

Were you ever accused of a crime? Were you detained (it appears that you may have been, since they took your photograph)? Did they call security or the police at any point? Who "86'd" you, and for what reason (suspected fraudulent return, ensuing argument)? Please give us more details.

 

[frankttt]

more details

I committed no crime; the business sold me a product that was only half full. I thought it felt strangely light at the counter when I was purchasing it. Unfortunately, I waited until I got to my car to open it, and it is then I discovered it to be half full. I went back into the business. At first, the conversation was cordial; it turned sour when the employee said to me, "I'm not saying you would do this, but you could of just gone to your car and swapped product". well, the statement did indeed accuse me of doing exactly what he said he "wouldn't say". I got aggitated for being accused of something I wouldn't do, an argument insued. He told me I needed to speak to the manager, I said fine, and then he said the manager wasn't there. While still arguing, he stooped down under his register, brought up an instant camera, and popped a photo of me. He then pointed to the public display on the wall behind him, told me I was "86'ed" and my picture was going up on the wall. They take these instant photos and enlarge them. This is when he called the police. He demanded I leave, and I told him I would as soon as he was done talking to the police. I helped with my description, and asked him to tell the police I would wait outside the business. He never told the police that, and in fact, told them I wouldn't leave the business. I waited outside for a good 15 minutes, got tired of waiting, and left.

I have no problem with being 86'ed out of the business; I do not want to do any further buying there. They have a right to refuse service, but how can they have the right to post somebody's photo for the public to see when the only thing I did was argue with the employee for selling me something that was only half full?

Thanks very much for responding,
Frank

 

[Michael Wechsler]

I committed no crime; the business sold me a product that was only half full. I thought it felt strangely light at the counter when I was purchasing it. Unfortunately, I waited until I got to my car to open it, and it is then I discovered it to be half full. I went back into the business. At first, the conversation was cordial; it turned sour when the employee said to me, "I'm not saying you would do this, but you could of just gone to your car and swapped product". well, the statement did indeed accuse me of doing exactly what he said he "wouldn't say". I got aggitated for being accused of something I wouldn't do, an argument insued. He told me I needed to speak to the manager, I said fine, and then he said the manager wasn't there. While still arguing, he stooped down under his register, brought up an instant camera, and popped a photo of me. He then pointed to the public display on the wall behind him, told me I was "86'ed" and my picture was going up on the wall. They take these instant photos and enlarge them. This is when he called the police. He demanded I leave, and I told him I would as soon as he was done talking to the police. I helped with my description, and asked him to tell the police I would wait outside the business. He never told the police that, and in fact, told them I wouldn't leave the business. I waited outside for a good 15 minutes, got tired of waiting, and left.

I have no problem with being 86'ed out of the business; I do not want to do any further buying there. They have a right to refuse service, but how can they have the right to post somebody's photo for the public to see when the only thing I did was argue with the employee for selling me something that was only half full?

Thanks very much for responding,
Frank

Just because someone does something and claims it is lawful doesn't mean that it is lawful. In this instance the store could be committing actionable defamation although some may not want to prosecute since that would further publicize their name beyond the confines of the store.

 

[frankttt]

outcome

Thanks alot for your input. I called the business yesterday, and talked with the manager. I mentioned to him about actionable defamation, and he agreed to remove my photo. It was a cordial phone call and all worked out. Thanks alot !

 

[Malibu_Barbie]

That's great news, Frank! However. how did the manager know which picture was of you in order to remove it?

You might want to have a friend visit the store to ensure that the manager actually did remove it, since you're banned from entering. If your picture is still posted, I'd call the manager to demand that he release the original photograph to you, and request that your "ban" be removed. If the manager agrees, then you'll be able to visit the store as much as you want to ensure that a copy of your photograph isn't posted for public view.