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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 11:45:35 AM   
QuietlySeeking


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quote:

ORIGINAL: SugarMyChurro

QuietlySeeking:

That's an asked and answered situation. Businesses have almost no right to refuse service.


Yep, you are correct...at least that it is an asked and answered question; however, businesses may refuse service, but must have "a specific interest in refusing service."  Certain states expand the protected groups (to sexuality and modes of dress in CA); ultimately unless the patron can prove that the "refusal of service" is due to membership in a protected group, the patron will be out-of-luck.

I excerpt the article here simply to provide clarity:

"In cases in which the patron is not a member of a federally protected class, the question generally turns on whether the business's refusal of service was arbitrary, or whether the business had a specific interest in refusing service." (bold is mine)

http://www.legalzoom.com/articles/article_content/article13721.html

< Message edited by QuietlySeeking -- 9/11/2007 11:48:50 AM >

(in reply to SugarMyChurro)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 12:06:20 PM   
Domented1


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just my humble opinion here... Everyone is quoting supreme court decisions as controling law here and they are irrelevant, the large grey thing with a trunk. The fact is that Ohio law, which is controlling in Cleveland states that this individual is NOT required to show identification, as has been quoted in the original post. So unless the posters here wish to declare this Ohio statute unconstitutional, they must admit that while the poster was a bit over the top, he was within his rights.

Personally I find it offensive that someone would be ridiculed for standing upon their rights, which I spent three years of my life actively standing ready to defend as a member of the United States Armed Forces. I was also witness to a member of our armed forces being stopped on a California Beach by police who requested consent to search, the sailor refused consent, the officer then placed him under arrest for "public Intoxication" (when he did not appear intoxicated and in fact had only had coffee that morning). The officer searched the sailor incidental to his arrest (for public intoxication) and found him in possesion of Mariuana, told him he was no longer under arrest for public intoxication, but instead for possesion. .... things that make you go hmmmmmm

(in reply to Alumbrado)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 12:13:10 PM   
Domented1


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Here is a novel idea. The stores request to search your bag offends you... fine
tell the clerk that he is welcome to view your reciept and the contents of your bag as he refunds your money for the contents. As a citizen is certainly entitled to not spend hard earned dollars at a place that considers him a criminal. Then take your business to a proprieter with a higer opinion of it's customers

(in reply to SugarMyChurro)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 1:24:44 PM   
Alumbrado


Posts: 5560
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quote:

ORIGINAL: Domented1

just my humble opinion here... Everyone is quoting supreme court decisions as controling law here and they are irrelevant, the large grey thing with a trunk. The fact is that Ohio law, which is controlling in Cleveland states that this individual is NOT required to show identification, as has been quoted in the original post. So unless the posters here wish to declare this Ohio statute unconstitutional, they must admit that while the poster was a bit over the top, he was within his rights.

Personally I find it offensive that someone would be ridiculed for standing upon their rights, which I spent three years of my life actively standing ready to defend as a member of the United States Armed Forces. I was also witness to a member of our armed forces being stopped on a California Beach by police who requested consent to search, the sailor refused consent, the officer then placed him under arrest for "public Intoxication" (when he did not appear intoxicated and in fact had only had coffee that morning). The officer searched the sailor incidental to his arrest (for public intoxication) and found him in possesion of Mariuana, told him he was no longer under arrest for public intoxication, but instead for possesion. .... things that make you go hmmmmmm


Things that get your charges laughed out of court.  Corrupt and inept cops trying to do an end run around the Constitution are the reason good defense lawyers drive Mercedes.

It has already been pointed out that the states are free to enact laws that give people more protections than the USSC or the Constitution.
Just like the eminent domain flap, some states have laws preventing practices that the Court has upheld.
It has also been generally agreed that the person in the OP article was completely within his rights, if his version of the story is accurate.

What I'm afraid may be getting glossed over, in the hurry to intimidate 19 year old retail wage slaves, 65 year old security guards, and 80 year old door checkers with faux legal threats about lawsuits over 'False arrest', is exactly where the line is between what the stores can and cannot do, ask, or compel. 

It strikes me as as shame that so few people care enough about individual rights to learn exactly where the line is drawn, much less do something about the erosion of them.

< Message edited by Alumbrado -- 9/11/2007 1:39:51 PM >

(in reply to Domented1)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 1:41:35 PM   
Alumbrado


Posts: 5560
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quote:

ORIGINAL: QuietlySeeking

quote:

ORIGINAL: SugarMyChurro

QuietlySeeking:

That's an asked and answered situation. Businesses have almost no right to refuse service.


Yep, you are correct...at least that it is an asked and answered question; however, businesses may refuse service, but must have "a specific interest in refusing service."  Certain states expand the protected groups (to sexuality and modes of dress in CA); ultimately unless the patron can prove that the "refusal of service" is due to membership in a protected group, the patron will be out-of-luck.

I excerpt the article here simply to provide clarity:

"In cases in which the patron is not a member of a federally protected class, the question generally turns on whether the business's refusal of service was arbitrary, or whether the business had a specific interest in refusing service." (bold is mine)

http://www.legalzoom.com/articles/article_content/article13721.html



A specific interest like loss prevention?

Thank you.

< Message edited by Alumbrado -- 9/11/2007 1:59:45 PM >

(in reply to QuietlySeeking)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 2:55:49 PM   
SugarMyChurro


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quote:

ORIGINAL: Alumbrado
A specific interest like loss prevention?


Hilarious!

And such an interest trumps a customer's privacy rights? It trumps a customer's right to not be searched arbitrarily?

The idea that they can refuse service because a customer refuses to be searched arbitrarily is nonsense. The protected class of persons in question is...

...EVERYBODY!

I think you are dead wrong again, and you know it.

(in reply to Alumbrado)
Profile   Post #: 246
RE: NEVER stop and show a receipt on the way out... - 9/11/2007 3:24:48 PM   
Alumbrado


Posts: 5560
Status: offline
quote:

Quietly Seeking:
Yep, you are correct...at least that it is an asked and answered question; however, businesses may refuse service, but must have "a specific interest in refusing service."  Certain states expand the protected groups (to sexuality and modes of dress in CA); ultimately unless the patron can prove that the "refusal of service" is due to membership in a protected group, the patron will be out-of-luck.

I excerpt the article here simply to provide clarity:

"In cases in which the patron is not a member of a federally protected class, the question generally turns on whether the business's refusal of service was arbitrary, or whether the business had a specific interest in refusing service." (bold is mine)

http://www.legalzoom.com/articles/article_content/article13721.html


quote:

SugarMyChurro:
....The protected class of persons in question is...

...EVERYBODY!

I think you are dead wrong again, and you know it



What I know, from your posturing like the above, is that you 'think' a lot of things that are simply delusions... see this thread for numerous other examples.

Keep up the fantastic job.


< Message edited by Alumbrado -- 9/11/2007 3:28:38 PM >

(in reply to SugarMyChurro)
Profile   Post #: 247
RE: NEVER stop and show a receipt on the way out... - 9/11/2007 3:51:05 PM   
SugarMyChurro


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Alumbrado:

We all know I mopped the floor with your wrong-headed arguments.

Do your worst, or your best...is there a difference?

(in reply to Alumbrado)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 3:57:18 PM   
ModeratorEleven


Posts: 2007
Joined: 8/14/2005
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It would be nice if you both could stop acting like children on the playground.

XI



_____________________________

This mod goes to eleven.

(in reply to SugarMyChurro)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 4:22:21 PM   
NoirUMC


Posts: 132
Joined: 4/17/2007
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A quick note:

YOU DO NOT HAVE TO SHOW IDENTIFICATION TO ENTER SAM'S CLUB.

At all. Period. Ever. What you *show* is actually your membership card. And yes, one of the conditions of membership is that they check your sh** on the way out. The store is NOT open to the public.

Edited to add:
Think about it... how in the world are they gonna look at your driver's license and know automatically, "Oh, this guy's a member. He's paid his dues through October of 2008." Get real. Your driver's license means nothing to the guy at the door.


< Message edited by NoirUMC -- 9/11/2007 4:23:31 PM >


_____________________________

-J

Working around the clock to find new and entertaining misspellings

(in reply to MissIsis)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 4:22:47 PM   
SugarMyChurro


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Nemo me impune lacessit.

(in reply to ModeratorEleven)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 4:38:31 PM   
ModeratorEleven


Posts: 2007
Joined: 8/14/2005
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"He started it," no matter in which language it's presented, is not an excuse for poor behavior.

Fortiter in re,

XI

_____________________________

This mod goes to eleven.

(in reply to SugarMyChurro)
Profile   Post #: 252
RE: NEVER stop and show a receipt on the way out... - 9/11/2007 4:40:49 PM   
Sinergy


Posts: 9383
Joined: 4/26/2004
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quote:

ORIGINAL: luckydog1

Anyone who wants can try to use sinergys scam.  Of course you will probably be filmed as it occurs, and end up arrested and owing the company money.


Yep, videotape shows an employee touching or pushing me and I fall down.

Thats a scam all right.

Sinergy

_____________________________

"There is a fine line between clever and stupid"
David St. Hubbins "This Is Spinal Tap"

"Every so often you let a word or phrase out and you want to catch it and bring it back. You cant do that, it is gone, gone forever." J. Danforth Quayle


(in reply to luckydog1)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 4:47:57 PM   
Sinergy


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Fast reply to the person talking about my "scam"

Had you read the thread that was in response to somebody posting that they would punch a person who
touched them.

Sinergy

_____________________________

"There is a fine line between clever and stupid"
David St. Hubbins "This Is Spinal Tap"

"Every so often you let a word or phrase out and you want to catch it and bring it back. You cant do that, it is gone, gone forever." J. Danforth Quayle


(in reply to QuietlySeeking)
Profile   Post #: 254
RE: NEVER stop and show a receipt on the way out... - 9/11/2007 5:20:26 PM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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Earlier in this thread, I commented that if ANYONE should do to my daughters what the Circuit City manager did to this victim ( Prevent them from closing the car door and leaving ), I would hope they were armed properly so that they could shoot the assailant dead before he rapes or murders them.

If someone is so mentally unbalanced and irrational that they'll unlawfully detain a person, what AREN'T they capable of.



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Sinergy)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 5:32:54 PM   
farglebargle


Posts: 10715
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From: Albany, NY
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http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=48433983&blogID=308642870

"They are trying to tell me that Ava is not my child. She started fussing so I began taking her out of the seat. The whole time this security guard is asking me to "give him the baby". FUCK YOU! There was no way I was handing her over! I tried to walk away, leaving her car seat, the diaper bag, even my wallet...they blocked me! I am screaming for them to get the fuck away from me. I start crying, sobbing, just holding Ava near me. Everytime the security guard put his hands near her I shifted away. Ava is screaming at the top of her lungs by this time. I am screaming to get a manager."



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to farglebargle)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 5:45:49 PM   
SugarMyChurro


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Taking the story at face value all I can say is...

..shameful!

Seriously, how dare they?

< Message edited by SugarMyChurro -- 9/11/2007 5:46:11 PM >

(in reply to farglebargle)
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RE: NEVER stop and show a receipt on the way out... - 9/11/2007 5:47:23 PM   
luckydog1


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Yes I did read that, and it is not relevant.    You(meaning person trying to pull the scam you described, not necessarily "you" sinergy) said you would fake being hurt and call the cops.  And that people would remeber you being attacked because that is how people's minds operate.  I just pointed out that the camera would tell the real truth, and the scam would be exposed, opening the perp of the scam up to prosecution.  Give it a try if you think it would work

(in reply to farglebargle)
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RE: NEVER stop and show a receipt on the way out... - 9/12/2007 4:37:38 PM   
QuietlySeeking


Posts: 297
Joined: 5/5/2005
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quote:

ORIGINAL: SugarMyChurro

The idea that they can refuse service because a customer refuses to be searched arbitrarily is nonsense. The protected class of persons in question is...

...EVERYBODY!

I think you are dead wrong again, and you know it.


You are welcome to think as you wish, but the federally and state protected classes of people are clearly defined in a legal sense.  Unless you can prove (via active case law) that "Everybody" is a legally protected class under any US Federal or State Law within the bounds of civil rights legislation dealing with businesses and "refusal of service" issues, then your earlier assertions of "fact" are your opinion and will be treated as such.

(in reply to SugarMyChurro)
Profile   Post #: 259
RE: NEVER stop and show a receipt on the way out... - 9/12/2007 5:32:06 PM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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I don't see the word "BLACK" anywhere, do you?


NY Civil Rights Law

quote:


§ 40-b. Wrongful refusal of admission to and ejection from places of
public entertainment and amusement. No person, agency, bureau,
corporation or association, being the owner, lessee, proprietor,
manager, superintendent, agent or employee of any place of public
entertainment and amusement as hereinafter defined shall refuse to admit
to any public performance held at such place any person over the age of
twenty-one years who presents a ticket of admission to the performance a
reasonable time before the commencement thereof, or shall eject or
demand the departure of any such person from such place during the
course of the performance, whether or not accompanied by an offer to
refund the purchase price or value of the ticket of admission presented
by such person; but nothing in this section contained shall be construed
to prevent the refusal of admission to or the ejection of any person
whose conduct or speech thereat or therein is abusive or offensive or of
any person engaged in any activity which may tend to a breach of the
peace.

The places of public entertainment and amusement within the meaning of
this section shall be legitimate theatres, burlesque theatres, music
halls, opera houses, concert halls and circuses.


_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to QuietlySeeking)
Profile   Post #: 260
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