What is the name of your state (only U.S. law)? CA Ok so heres what happened. ..my boyfriend whos black took my son whos white with him to the store. Whn they got to the counter my boyfriend asks the white clerk how much the cigarettes are..the clerk said "alot"..my bf snubbed it off..he asks well how much are the newports..the*clerk says "I cant sell u cigarettes because you arent his legal guardian" mind u my boyfriend has his ID n he is the other parent in my household. ..I went down to the store n I told the clerk he owes my man n my son an apology. .which all he did was get on the phone n call the manager. ..I asked him whn ur customers ask u for a price do u always tell them "alot" oooo im so mad right now. I was curious if this is grounds for a discrimination suit
While it may be discrimination, it doesn't sound like ILLEGAL discrimination.
You say that your boyfriend is supposed to be the other parent "in your household". What I didn't hear you say is that he is your SON'S other parent. (And if he isn't your son's natural father, he is most definitely NOT your son's other parent, no matter what you say.)
Mind you, it is ILLEGAL to sell tobacco products to a minor, and it is also ILLEGAL to provide or furnish tobacco products to a minor - whether you are a retailer OR a parent. Sounds to me like this clerk may have had reason to suspect that your boyfriend was buying these cigarettes to give to your son. They weren't going to facilitate him breaking the law like that.
No, you DIDN'T win the lawsuit lottery here. Perhaps you want to reconsider allowing your child to smoke and stop colluding with your boyfriend to provide him with the cigarettes.