Was denied the right to purchase senior portrait package of my son

[I'mtheluckyone]

What is the name of your state (only U.S. law)? New York

I am a divorced female who shares joint custody of my three sons. My second child recently had his senior portraits taken at a studio that my ex husband contracted with. I contacted the portrait studio and was granted access to an on-line viewing of the pictures taken so that I could decide which prints to order. When I went to order the prints on-line I found out that my ex husband had contacted the studio and told them not to sell me any portraits and have not been able to do so. I tried speaking with the portrait studio to explain the situation but was flatly refused. The thing is this...I had a similar problem with my ex husband when our first son had his senior portraits done...to make a long story short, my ex husband and I agreed on purchasing a package of prints together to safe on costs. He asked me for my half which I sent him then asked me for additional money explaing that it cost more than he had anticipated and when I asked him for a receipt he wouldn't give me one and refused to return my money or give me the pictures I was anticipating...I ended up filing a small claim suit against him and won. Do I now have a law suit against the portrait studio since they are discriminating against me due to my marital status?

 

[Proserpina]

What is the name of your state (only U.S. law)? New York

I am a divorced female who shares joint custody of my three sons. My second child recently had his senior portraits taken at a studio that my ex husband contracted with. I contacted the portrait studio and was granted access to an on-line viewing of the pictures taken so that I could decide which prints to order. When I went to order the prints on-line I found out that my ex husband had contacted the studio and told them not to sell me any portraits and have not been able to do so. I tried speaking with the portrait studio to explain the situation but was flatly refused. The thing is this...I had a similar problem with my ex husband when our first son had his senior portraits done...to make a long story short, my ex husband and I agreed on purchasing a package of prints together to safe on costs. He asked me for my half which I sent him then asked me for additional money explaing that it cost more than he had anticipated and when I asked him for a receipt he wouldn't give me one and refused to return my money or give me the pictures I was anticipating...I ended up filing a small claim suit against him and won. Do I now have a law suit against the portrait studio since they are discriminating against me due to my marital status?

Not in the slightest.

 

[LillianX]

Dad paid for them. The studio is silly for not wanting to take your money, but that's their prerogative. If you want pictures, it looks like you're going to have to have your son sit for them on your dime.

 

[Proserpina]

Dad paid for them. The studio is silly for not wanting to take your money, but that's their prerogative. If you want pictures, it looks like you're going to have to have your son sit for them on your dime.

But..but...Lillian?


That would mean Mom has to pay for the SITTING, as well!

 

[Isis1]

first off, you were not discriminated against because of your marital status.

you were denied service because the manager/owner decided he didn't want your business.

to prove you were discriminated against because of your marital status, you would have to prove other people where denied because they held the same marital status.

 

[Banned_Princess]

"right" to purchase pictures????



Some people have out of control notions about their "rights"

 

[Proserpina]

Mom, I'm sorry but I have to ask.

WHY is your response "Can I SUE?"? What makes you think you have a right to purchase anything?

Why not simply get the pics taken yourself?

You haven't won the lawsuit lottery here.

 

[I'mtheluckyone]

Denied senior portraits...

I appreciate the straight legal answers and not so much the sarcastic/taking down to answers. I happen to live in the NYC area at the moment and not near my children who are Upstate. I'm not looking to sue anyone for the sake of it and I if I feel like I have the "right" to purchase pictures of my son it's only because the studio gave me the access to do so then took it away. For those reasons alone I feel upset that I'm not able to simply order my son's portraits on-line. I may simply fax over the civil suit and contact them once again or wait until I see my son and take him with me and he'll have to purchase them for me.

 

[Isis1]

I appreciate the straight legal answers and not so much the sarcastic/taking down to answers. I happen to live in the NYC area at the moment and not near my children who are Upstate. I'm not looking to sue anyone for the sake of it and I if I feel like I have the "right" to purchase pictures of my son it's only because the studio gave me the access to do so then took it away. For those reasons alone I feel upset that I'm not able to simply order my son's portraits on-line. I may simply fax over the civil suit and contact them once again or wait until I see my son and take him with me and he'll have to purchase them for me.

hon, you do not have a legal right to purchase the portraits. the company is backed by the Constitution to refuse service to anyone. at anytime. even if you had talked about purchasing an item. even if you purchased an item before. they can take back their service to you.

 

[Proserpina]

I appreciate the straight legal answers and not so much the sarcastic/taking down to answers. I happen to live in the NYC area at the moment and not near my children who are Upstate. I'm not looking to sue anyone for the sake of it and I if I feel like I have the "right" to purchase pictures of my son it's only because the studio gave me the access to do so then took it away. For those reasons alone I feel upset that I'm not able to simply order my son's portraits on-line. I may simply fax over the civil suit and contact them once again or wait until I see my son and take him with me and he'll have to purchase them for me.

Civil suit for what? You don't HAVE a suit. Or do you think that your previous suit will somehow convince this PRIVATE COMPANY to cater to your wishes?

(Clue: It won't, and you're heading into very dangerous territory if you try to use that as a threat)

 

[justalayman]

I'mtheluckyone;2927573] I feel like I have the "right" to purchase pictures of my son it's only because the studio gave me the access to do so then took it away

No, you do not have a right to purchase the pics because you got to look at them. In fact, since the photog was contracted to dad, you have no rights to purchase any of the pics at all unless dad allows it. Dad paid to have the pics taken so he gets to control them.

If you want to have a right to purchase pictures, you must contract with a photog and pay the setting fee or whatever you and the photog agree to.

I may simply fax over the civil suit and contact them once again or wait until I see my son and take him with me and he'll have to purchase them for me.

well, your son doesn't have a right to purchase pics either unless dad has allowed it.


If you can take son with you, why not set up a photo shoot when you will be with son so you can have your own pictures?

 

[cyjeff]

I am betting that half plus a little you paid last time is looking pretty sweet now.

When you sued your ex, you basically said you were never willing to go halfsies again. That way, your ex doesn't get sued. Oh, and he doesn't get to pay for the sitting and trouble while you just buy some pictures.

Sounds like you get to pay for your own sitting. Yes, you are both acting like petulant children.

 

[Isis1]

I am betting that half plus a little you paid last time is looking pretty sweet now.

When you sued your ex, you basically said you were never willing to go halfsies again. That way, your ex doesn't get sued. Oh, and he doesn't get to pay for the sitting and trouble while you just buy some pictures.

Sounds like you get to pay for your own sitting. Yes, you are both acting like petulant children.

not to mention putting the mutual child in the middle. even a grown adult child being made to pick between both parents. that is just sad.

 

[Mass_Shyster]

OP could sue ex for tortious interference, but I doubt that's within the jurisdiction of a small claims court.

 

[cyjeff]

OP could sue ex for tortious interference, but I doubt that's within the jurisdiction of a small claims court.

Steve, I am asking an honest question here.... why would there be tortious interference?

The ex made no contract or promise that the pictures would be available to the OP. The OP had no contract or promise from the business. The business has no responsibility to trade with the OP just because she wants them to. In fact, I can see the business INTENTIONALLY refusing to build up business for a second sitting.

Where is the interference?