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Costco rules and regulations above state laws?

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K

klankford2002

Guest
What is the name of your state?What is the name of your state?What is the name of your state? Hawaii

I will try to make this as short as possible.

On Saturday June 12th 2004 my wife (16 yo) and I (19 yo) went to our local Costco to join. We were surprised to find that I could be a member but my wife at age 16 could not be. The manager at Costco said that under no circumstances could a person under 18 be allowed to join. I then asked if Costco was a private or public company, and was told that the company was a private company. I was then told by the management that my wife was not a legal adult. I then e-mailed Costco, and found out that my wife was a legal adult, and that Costco is actually a public company with private membership. The woman that e-mailed me back said that even though my wife has been emancipated, she does not have the right to be a Costco member.

Ok, here is state law:

When a minor is married in Hawaii, the minor immediately becomes a legal adult, with the same rights as an 18 year old except:

1. The minor cannot vote
2. The minor cannot purchase or use tobacco products

Here is my arguement:

Costo, no matter what the morons I have communicated with have said, is a PUBLIC company. The private membership only means that you have to pay to be a member. This means any legal adult must be allowed to become a member, or else Costco is discriminating. Obviously if Costco was really a private company they would be able to have as private of membership as they please, but since they sell their stock on the New York Stock Exchange, they cannot claim to be a private company. The company has essentially tried to add their membership to the list of things emancipated minors cannot do. This is obviously a violation of her civil rights, as she is being discriminated against because of her age. Costco holds fast to the claim that they are a private company, this is what the company representative has to say:

I must also clarify a misconception about Costco's business status. The stock of Costco Wholesale Corporation is publicly traded in the stock market, however, Costco Wholesale Corporation's warehouse stores are private membership clubs. Our warehouse stores are not open to the general public. Further, Costco's warehouses stores are not "mass merchant discount"
stores like Target and Sears.


This is so false, as the definition of a public company is:

A company which has issued securities through an offering, and which are now traded on the open market. also called publicly held or publicly traded. opposite of private company.

This definition is according to investorwords.com.
Obviously this means that Costco is a public company. Although they are allowed to make patrons purchase memberships, they are still public company who cannot keep legal adults from becoming members. The state has already defined what a legal adult is, therefore, how can Costco redefine who is a legal adult inside their warehouse? Are they not bound to follow what the state says is a legal adult if they want to continue comerce in this state. What can I do to get them to let my wife to be a member, and are all my points correct and valid? If not, what law says otherwise, and where can I find more information about these kinds of laws. Thanks in advance for any advice or corrections to my arguements.
 


BelizeBreeze

Senior Member
There are only two issues that are relevant to your situation and the rest of your post is irrelevant.

1. Your wife is 16 years old.

2. Costco (regardless of being a private or public company) is a business.

It matters not what the law says. But to humor you I'll explain a few facts of life for you.

Just because the law says your wife at 16 is a legal adult, that does not confer a legal requirement on a business to accept your wife's contractural obligations. In other words, just because the law says you CAN buy a car at 18, it doesn't mean each and every dealership MUST sell you a car.

So, either join or not. But you have absolutely no legal issue here.
 

stephenk

Senior Member
Think of it this way. You and your wife go and try and rent a car. It is close to impossible for any adult under age 25 to find an agency that will rent them a car. Is it discrimination? Sure. Is it legal? Sure.
 
K

klankford2002

Guest
Laws please, laws!!!

You guys have good opinions, but I am looking for state laws or court rulings that contradict my arguement. The comparison with the car industry is invalid, because there is a high level of risk involved with renting to a person who is under 25, which is not an issue in the Costco membership situation. Rental car agencies have been allowed to establish an age limit for customers only because case studies have shown that drivers under the age of 25 are the most dangerous drivers. The fact still remains, if Costco wants to do business in Hawaii, they cannot discriminate against any legal adult based on age alone. If anyone has any information about state or federal laws or court rulings that would contradict this point please let me know. Thanks again.
 

BelizeBreeze

Senior Member
Listen kid, there are no state laws that contradict your point because your point is about company policy, NOT the law. And the law does not regulate that a company, either private or public MUST offer credit, membership or any other privilidges to anyone.

The law simply states that an adult, legl or statutory (18) MAY legally sign a contract. It does not say that a business is REQUIRED to offer a contract.

And membership IS a contract. PERIOD.

If you are so adamant on this point then go to an attorney with about $10,000 in your pocket and sue Costco. Then when your case is thrown out of court you can come back here and piss and moan.

Frankly, your issue is not that important.
 

stephenk

Senior Member
Maybe Costco doesnt want to risk losing money to a 19 and 16 year old couple. Not many high paying jobs in those age ranges. 16-21 year olds are not the best credit risks.
 
K

klankford2002

Guest
BelizeBreeze please stop responding

BelizeBreeze please stop responding to my questions, as you are not helping. If someone can help me to understand why Costco would have the right to refuse service to any legal adult, please post it!!! Please give names of any legal documentation which gives a businesses the right to deny service to any adult. Thanks again.
 
K

klankford2002

Guest
I understand Costco's argument

stephenk said:
Maybe Costco doesnt want to risk losing money to a 19 and 16 year old couple. Not many high paying jobs in those age ranges. 16-21 year olds are not the best credit risks.
I completely understand Costco's arguement, in that, they don't want to risk giving membership to someone who might not use the card very much and then come in and try to get a refund. I just don't think it is legal. The thing about a Costco card though, is that it is not a credit card at all. The things you buy must be paid for at the time of sale. The only risk Costco would be taking by letting anyone under 18 be a member is the membership fee being refunded at some point. You are right on about the credit risk that me and my wife are, as we both have no credit, but I do have a very good job for a 19 year old. The credit issue cannot be raise by Costco because the card does not give me a line of credit with Costco, it just gives me the ability to shop at the store. Thanks for the input. :)
 

JETX

Senior Member
Since you seem unable to understand this situation, and insist on someone to provide you laws that simply don't exist, lets reverse your request.

How about YOU provide us with ANY reason "why Costco would" NOT "have the right to refuse service to any legal adult"??

Simply, the owner of a business has the right to deny their services to anyone that they want to...... as long as it is NOT done in violation of Title VII discrimination (race, sex, disability, etc.). You won't find that in any law, as it is a basic simple legal right. Just like you have the right to not admit a person into your house if you don't want.... the business doesn't have to let you in either.
 

HomeGuru

Senior Member
Krankyford, you have no case. Keep arguing and wasting your time.
Pursuant to Hawaii law, your wife is considered an emancipated minor and a legal adult. Notwithstanding, Costco has every right to uphold their policies and refuse her membership.
Try having your wife rent an automobile at any Hawaii automobile rental company or go to any bar and order a beer.
Here's one. Have your wife apply for a job and work at Costco. One of the employee benefits is free executive Club membership.
 

biglittle

Member
HomeGuru said:
Krankyford, you have no case. Keep arguing and wasting your time.
Pursuant to Hawaii law, your wife is considered an emancipated minor and a legal adult. Notwithstanding, Costco has every right to uphold their policies and refuse her membership.
Try having your wife rent an automobile at any Hawaii automobile rental company or go to any bar and order a beer.
Here's one. Have your wife apply for a job and work at Costco. One of the employee benefits is free executive Club membership.
Could she vote, or does she still have to be 18? :)
 
T

TrainWrecked

Guest
Emancipate Minors Full Legal Adults?

My son and his friend are snooping at my Internet postings. The friend is 16 and wants to know if the wife can go to strip clubs, drink in Canada, and join the military? If so, how long does it take to become an emancipated minor? I think the first item on his list is the real one, though. Heck, can the wife pose nude in Playboy and work in strip clubs as an emancipated minor?

I'm not serious. However, after writing this to the inane giggles of a couple of teenagers, I do wonder what rights emancipated minors have. They're still minors, aren't they? They surely don't have anything near the rights of adults, do they? But according to the poster the minor wife can dance in strip clubs at 16 in Hawaii! I doubt that.
 

BelizeBreeze

Senior Member
TrainWrecked said:
My son and his friend are snooping at my Internet postings. The friend is 16 and wants to know if the wife can go to strip clubs, drink in Canada, and join the military? If so, how long does it take to become an emancipated minor? I think the first item on his list is the real one, though. Heck, can the wife pose nude in Playboy and work in strip clubs as an emancipated minor?

I'm not serious. However, after writing this to the inane giggles of a couple of teenagers, I do wonder what rights emancipated minors have. They're still minors, aren't they? They surely don't have anything near the rights of adults, do they? But according to the poster the minor wife can dance in strip clubs at 16 in Hawaii! I doubt that.

Begin a new thread and do not hijack another's.
 

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