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Initech

(100,043 posts)
Tue Mar 6, 2018, 05:48 PM Mar 2018

Fucking gun nuts.

A 20-year-old southern Oregon man filed suit Monday against Dick’s Sporting Goods and Walmart after he says both national retailers refused to sell him a rifle in recent days.

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.
34 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Fucking gun nuts. (Original Post) Initech Mar 2018 OP
Fugg him malaise Mar 2018 #1
Inevitable maxsolomon Mar 2018 #2
I'm sure the NRA is paying his legal team. redstatebluegirl Mar 2018 #3
He's also asking for punitive damages gratuitous Mar 2018 #4
Love to hear his rationale for damages -- "I went to to a party and was the only white wing racist Hoyt Mar 2018 #8
The only single moonie in the congregation. ProudLib72 Mar 2018 #24
Its because Oregons state law prohibits age discrimination Lee-Lee Mar 2018 #9
That's the theory behind his claim gratuitous Mar 2018 #13
They are basing the willful part on the fact that they publicly bragged they would do it Lee-Lee Mar 2018 #18
Oregon's law applies only to hiring and firing. LanternWaste Mar 2018 #14
No, it covers public accommodations Lee-Lee Mar 2018 #16
The Oregon Equality Act does not apply to age. LanternWaste Mar 2018 #17
Your right, here is the right link to the aplicable law Lee-Lee Mar 2018 #19
And you have objective evidence this applies to "most states?" LanternWaste Mar 2018 #21
I never said its the same in most states Lee-Lee Mar 2018 #22
Except that the statute linked in the article makes explicit mention of alcohol, petronius Mar 2018 #20
Oh, they have to sell to a 16 year old, 10 year old? Hoyt Mar 2018 #26
Since that is prohibited by law of course not Lee-Lee Mar 2018 #27
Maybe they'll wise up and just stop selling guns completely. Darn sure will improve clientele. Hoyt Mar 2018 #28
You are more likely to see some states change their laws Lee-Lee Mar 2018 #32
So-called "responsible and law-abiding" gun-fanciers will never quit pushing for guns everywhere. Hoyt Mar 2018 #5
Yup - they choose their vice over anything else. Initech Mar 2018 #6
So, someone can be shot and killed if the shooter feels that they pose a threat, world wide wally Mar 2018 #7
No, there are two standard at play Lee-Lee Mar 2018 #11
But they can walk into the parkiNg lot and shoot the first person he sees because he imagined world wide wally Mar 2018 #15
What are you talking about? Lee-Lee Mar 2018 #23
I predicted this in another tread Lee-Lee Mar 2018 #10
i'm sure he can cross the street and buy it in another shop..probably nra sponsored spanone Mar 2018 #12
Everything you mentioned are ages set by state or federal law. former9thward Mar 2018 #33
I hope the judge calls him to the bench, looks him straight in the face, and tells him ProudLib72 Mar 2018 #25
I hope Ducks and Walmart... NCTraveler Mar 2018 #29
FUck this guy samir.g Mar 2018 #30
16 year old sues Kappy's Fine Wine and Spirits over age discrimination. trof Mar 2018 #31
We live in Medford marlakay Mar 2018 #34

gratuitous

(82,849 posts)
4. He's also asking for punitive damages
Tue Mar 6, 2018, 06:17 PM
Mar 2018

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)
8. Love to hear his rationale for damages -- "I went to to a party and was the only white wing racist
Tue Mar 6, 2018, 06:38 PM
Mar 2018

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.

 

Lee-Lee

(6,324 posts)
9. Its because Oregons state law prohibits age discrimination
Tue Mar 6, 2018, 06:39 PM
Mar 2018

About half the states in the US include age in any form as a protected class in their stage anti-discrimination laws.

Under Oregon’s 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)
13. That's the theory behind his claim
Tue Mar 6, 2018, 06:49 PM
Mar 2018

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)
18. They are basing the willful part on the fact that they publicly bragged they would do it
Tue Mar 6, 2018, 06:55 PM
Mar 2018

Imagine if a store issued press releases saying “from this day forward we will not sell guns to black people, because we feel they can’t 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)
14. Oregon's law applies only to hiring and firing.
Tue Mar 6, 2018, 06:50 PM
Mar 2018

Oregon's law, as most other state laws in this regard, applies only to hiring and firing.

 

LanternWaste

(37,748 posts)
21. And you have objective evidence this applies to "most states?"
Tue Mar 6, 2018, 06:58 PM
Mar 2018

And you have objective evidence this applies to "most states" as alleged?

 

Lee-Lee

(6,324 posts)
22. I never said its the same in most states
Tue Mar 6, 2018, 07:08 PM
Mar 2018

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)
20. Except that the statute linked in the article makes explicit mention of alcohol,
Tue Mar 6, 2018, 06:58 PM
Mar 2018

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)
28. Maybe they'll wise up and just stop selling guns completely. Darn sure will improve clientele.
Tue Mar 6, 2018, 07:36 PM
Mar 2018

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)
32. You are more likely to see some states change their laws
Tue Mar 6, 2018, 07:57 PM
Mar 2018

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)
5. So-called "responsible and law-abiding" gun-fanciers will never quit pushing for guns everywhere.
Tue Mar 6, 2018, 06:18 PM
Mar 2018

world wide wally

(21,739 posts)
7. So, someone can be shot and killed if the shooter feels that they pose a threat,
Tue Mar 6, 2018, 06:28 PM
Mar 2018

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)
11. No, there are two standard at play
Tue Mar 6, 2018, 06:44 PM
Mar 2018

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 isn’t 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)
15. But they can walk into the parkiNg lot and shoot the first person he sees because he imagined
Tue Mar 6, 2018, 06:51 PM
Mar 2018

them to be a threat?

 

Lee-Lee

(6,324 posts)
10. I predicted this in another tread
Tue Mar 6, 2018, 06:41 PM
Mar 2018

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)
12. i'm sure he can cross the street and buy it in another shop..probably nra sponsored
Tue Mar 6, 2018, 06:46 PM
Mar 2018

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)
33. Everything you mentioned are ages set by state or federal law.
Tue Mar 6, 2018, 08:03 PM
Mar 2018

So complying with the law is not discrimination. Oregon sets the law for buying rifles at 18 not 21.

ProudLib72

(17,984 posts)
25. I hope the judge calls him to the bench, looks him straight in the face, and tells him
Tue Mar 6, 2018, 07:14 PM
Mar 2018

"Son, you'll shoot your eye out." Because, really, what does this suit say about his mental/emotional age? It's a freaking joke.

trof

(54,256 posts)
31. 16 year old sues Kappy's Fine Wine and Spirits over age discrimination.
Tue Mar 6, 2018, 07:56 PM
Mar 2018

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)
34. We live in Medford
Tue Mar 6, 2018, 08:05 PM
Mar 2018

My husband just said never been in Dick’s 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.

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