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Refused the right to buy cigarettes even though I had ID

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L

Larabeast

Junior Member
What is the name of your state (only U.S. law)? West Virginia

Okay, I'm 18. I recently went into a go-mart gas station to buy cigarettes and they told me they could not sell my cigarettes because my ID was red, nevermind that it states I'm almost 19, and they refused to scan it. The manager at the 7-Eleven said I was denied the right to buy cigarettes even though I had a legal ID card proving that I was 18 or over.

So to sum it up, they knowingly denied someone the right to buy cigarettes who is over the age of 18 and had their identification....

Do I have a claim? I've had several people tell me yes and no, the no's were basically they can deny you because the way you look act or smell.

I also went back to the DMV and the woman told me it is illegal to refuse my right to buy cigarettes because I showed a legal identification card.

What should I do?
 


S

Silverplum

Senior Member
Larabeast said:
What is the name of your state (only U.S. law)? West Virginia

Okay, I'm 18. I recently went into a go-mart gas station to buy cigarettes and they told me they could not sell my cigarettes because my ID was red, nevermind that it states I'm almost 19, and they refused to scan it. The manager at the 7-Eleven said I was denied the right to buy cigarettes even though I had a legal ID card proving that I was 18 or over.

So to sum it up, they knowingly denied someone the right to buy cigarettes who is over the age of 18 and had their identification....

Do I have a claim? I've had several people tell me yes and no, the no's were basically they can deny you because the way you look act or smell.

I also went back to the DMV and the woman told me it is illegal to refuse my right to buy cigarettes because I showed a legal identification card.

What should I do?
Click to expand...
Go to a different store.
 
M

Mass_Shyster

Senior Member
Larabeast said:
I also went back to the DMV and the woman told me it is illegal to refuse my right to buy cigarettes because I showed a legal identification card.

What should I do?
Click to expand...
Don't take legal advice from women from the DMV.

Unless you were refused service for an illegal reason (like illegal discrimination based on race, national origin, sex, marital status, etc) you have no claim against the store.

The store owner does have a duty to sell you cigarettes, and you have no recognized legal right to buy them.

In the same way that you may do business or refuse to do business with any store you choose, the store may do business with or refuse to do business with any customer they choose (unless the store's choice is based on illegal discrimination).
 
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L

Larabeast

Junior Member
Then why put a scanner on the back of the card as a means of telling age? Or the yellow bar that tells when I turn 18? That yellow strip that says when I turn 18 IS for people to see that I am the legal age to purchase tobacco, the red on the card is to void any purchase of tobacco until after the date on the yellow strip.

I have a right to smoke, I had legal identification that show's I'm 18, you're telling me they're allowed to deny me cigarettes even though I'm 18?

The gas station employees exact words "I don't care if it says you turned 18 in 2010, I'm not selling you cigarettes, the card is red.
 
S

Silverplum

Senior Member
Larabeast said:
Then why put a scanner on the back of the card as a means of telling age? Or the yellow bar that tells when I turn 18? That yellow strip that says when I turn 18 IS for people to see that I am the legal age to purchase tobacco, the red on the card is to void any purchase of tobacco until after the date on the yellow strip.

I have a right to smoke, I had legal identification that show's I'm 18, you're telling me they're allowed to deny me cigarettes even though I'm 18?

The gas station employees exact words "I don't care if it says you turned 18 in 2010, I'm not selling you cigarettes, the card is red.
Click to expand...
Go to a different store.
 
C

cyjeff

Senior Member
Let me put this another way.

You have no absolute legal right to buy ANYTHING in ANY store at ANY time. The owners of the store DO have the absolute right to refuse to sell to anyone they wish AS LONG AS the reason they are refusing you is not specifically prohibited by law.

I CAN refuse to sell to you because you:
  • Smell Funny
  • Are Rude
  • Are wearing a purple shirt and I hate purple
  • Are fat and shouldn't be eating cake
  • Parked in my favorite spot
  • Came in and walked across the floor I just mopped
  • Etc.

I CANNOT refuse to sell to you because you:
  • Are a specific race
  • Have a certain national origin
  • Are a certain sex
  • Are a certain religion
  • etc.

The store owner/manager can even go one step further and ban you from the store in entirety for all eternity without any reason whatsoever except they don't like your face.

There is no "right to shop" written in the Constitution.
 
C

CSO286

Senior Member
So...you are issued a red card ID until you turn 18. Then what? The over 18ID is what color-blue? (lets just say so for my purpose here.)
So once you turned 18, your red card ID expired and is therefore no longer valid. Most stores require a valid state r govt issued ID when carding for tobacco or alcohol purchases.
If your red card ID identified you as a minor, then after you turned 18, it was no good.

And you do not have a legally protected right to buy tobacco.
 
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