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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFucking gun nuts.
Tyler Watson's lawsuit could be the first of its kind in the U.S., according to his attorney, Max Whittington. Whittington knows of no others.
Watson claims he encountered age discrimination when he tried to buy a .22-caliber Ruger rifle on Feb. 24 in Medford at Field & Stream, which is owned by Dick's Sporting Goods.
That was four days before the retailer announced that it wouldn't sell guns to anyone under 21 in the wake of a 19-year-old gunman's rampage at Marjory Stoneman Douglas High School in Florida that killed 17 people on Feb. 14.
Walmart made a similar nationwide announcement the same day as Dick's.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2018/03/oregon_man_20_sues_big_retaile.html
This is the kind of person who clearly should not have one of these things.
malaise
(268,724 posts)maxsolomon
(33,252 posts)The RW has deep pockets to support this sort of action.
redstatebluegirl
(12,265 posts)gratuitous
(82,849 posts)I'm not sure how his attorney thinks he's going to recover punitive damages, but the theory seems to be that because Oregon state law allows the sale of firearms to 18, 19, and 20 year olds, individual retailers can't make their own more restrictive policies for gun sales.
I'm confident that both Dick's and Wal-Mart will be able to hire competent legal representation.
Hoyt
(54,770 posts)Last edited Tue Mar 6, 2018, 07:20 PM - Edit history (1)
there without a gun, I'll be considered a wuss/wimp for life."
Gunners are truly deplorable.
ProudLib72
(17,984 posts)Lee-Lee
(6,324 posts)About half the states in the US include age in any form as a protected class in their stage anti-discrimination laws.
Under Oregons law as I read it they are indeed unlawfully discriminating against him by refusing to do a sale on basis of age.
In that state, under the law there, it is equally as unlawful to refuse a sale to a person on age, race, gender or any other class. He has as much standing as he would if they had refused the sale based on gender or race.
gratuitous
(82,849 posts)I just don't see how he's going to reach the punitive damages threshold. Looking at his complaint, punitive damages are being sought due to "the willful nature of the discrimination." That would seem to be an allegation unlikely to get very far with a trial judge.
Lee-Lee
(6,324 posts)Imagine if a store issued press releases saying from this day forward we will not sell guns to black people, because we feel they cant be trusted with them. That would indicate willful and intentional discrimination.
Under the law in that state doing the same thing based on age is an equally egregious violation. You may not see them as equal, but it carries equal weight under the law there as written to discriminate on race or age.
LanternWaste
(37,748 posts)Oregon's law, as most other state laws in this regard, applies only to hiring and firing.
Lee-Lee
(6,324 posts)And the courts have long established that includes retail sale establishments.
https://en.m.wikipedia.org/wiki/Oregon_Equality_Act
LanternWaste
(37,748 posts)The Oregon Equality Act does not apply to age.
Lee-Lee
(6,324 posts)Trying to respond to too many posts and copied the wrong page.
LanternWaste
(37,748 posts)And you have objective evidence this applies to "most states" as alleged?
Lee-Lee
(6,324 posts)I said about half of the states include age in thier public accommodations laws.
Here is a start for you:
http://www.ncsl.org/research/civil-and-criminal-justice/state-public-accommodation-laws.aspx
20 states list age, or as I said about half of them.
petronius
(26,598 posts)cannabis, and special offers to people over 50. So, while I'm not an attorney by any stretch, I don't read it as if the Oregon Legislature was only thinking about employment here...
Hoyt
(54,770 posts)Lee-Lee
(6,324 posts)Hoyt
(54,770 posts)I bet the courts rule in the store's favor. As hard as gun-fanciers try to convince us they are discriminated against, it's just laughable, especially since so many gunners are certifiable right wing racists.
Lee-Lee
(6,324 posts)Some states have specific exemptions to the anti discrimination and public accommodations laws that allow some discrimination based on age. Car rental companies come to mind as one example.
But to make that hold up in court they will have to show that the companies are at an undue risk of loss unless they are allowed to discriminate. That may be harder than it sounds.
But as written there is no basis for the courts to rule against them. It has the same legal standing as if they made press releases saying based on crime statistics they were no longer selling guns to black people because they felt they were not responsible enough and then refused sales based just on race. When the law is the exact same one for race and age the standing to sue is the same too.
Hoyt
(54,770 posts)Initech
(100,043 posts)world wide wally
(21,739 posts)But a store MUST sell a gun to someone they feel may be a threat..... Meanwhile, that same store (Walmart) can refuse to sell them a cake if it is for something gay if it doesn't comply with their personal religion?
And we wonder why our country is fucked up.
Lee-Lee
(6,324 posts)Yes, a shop can refuse a sale to a specific individual if that individuals actions make a reasonable person feel they may be a threat or a dangerZ
However, in states where age is included as a protected class in the states anti-discrimination or public accommodations laws it isnt legal to blanketly refuse sales based on age. In those dates it is just as illegal to refuse as sale based on age as it is race, religion, gender etc.
world wide wally
(21,739 posts)them to be a threat?
Lee-Lee
(6,324 posts)Lee-Lee
(6,324 posts)About half the states have anti-discrimination or public accommodations laws that list age as a protect class that cannot be discriminated against.
Oregon appears to be one of those states.
In those states it is just as unlawful to refuse a sale of an otherwise legal product on the basis of age as it would be to refuse the sale based on race, religion, gender etc.
spanone
(135,795 posts)Dick's and Walmart's lawyers anticipated this if the are competent
so buying alcohol at 21 is age discrimination
having to be 16 to drive is age discrimination
not being able to tap into my social security at 20 is GODDAMN AGE DISCRIMINATION
there's no end to it
former9thward
(31,949 posts)So complying with the law is not discrimination. Oregon sets the law for buying rifles at 18 not 21.
ProudLib72
(17,984 posts)"Son, you'll shoot your eye out." Because, really, what does this suit say about his mental/emotional age? It's a freaking joke.
NCTraveler
(30,481 posts)Dont pull a legal awe darn it.
samir.g
(835 posts)trof
(54,256 posts)Boston Messenger - 3/06/18
16 Year old Randy D'Amato is suing Kappy's, the Boston based liquor store chain, for age discrimination.
"I tried to buy a case of Bud Lite and they refused to sell it to me. It's a clear case of age discrimination."
Randy has retained famed Boston civil rights attorney Christopher Sumito to represent him.
When asked for a comment, Mr. Sumito said "This is a clear cut case. I have no doubt whatsoever that we will prevail."
marlakay
(11,432 posts)My husband just said never been in Dicks but I am going to go buy something and tell manager why.
This town is conservative though, its right next to my Trader Joes so i will start checking to see how busy they are.