Can Dick's enforce selling to those 21 and over?

[B2G]

Not sure how this will work if the legal age is 18.

[redstatebluegirl]

1. I am sure their lawyers have looked into it.

[rzemanfl]

2. Think of them as a bakery. n/t

[spanone]

5. 👍🏼

[Historic NY]

16. Its all in the cake...

[Stinky The Clown]

3. Of course they can.

No impediment whatsoever.

[WillowTree]

31. If by law 18 year olds can buy a gun, I suppose age discrimination suits are possible.

[Stinky The Clown]

32. Kids are not a protected class with respect to age.

[Lee-Lee]

51. Federally no. In some states under state law yes

Many states have anti-discrimination laws that only say age, without qualifications as to what age.

[lunasun]

4. Store policy could be challenged

[EffieBlack]

42. But it could be but the challenge would get thrown out

But since, as stated elsewhere in this thread, 18-20-year-olds aren't a protected class.

Example: car rental agencies don't rent to drivers under 25 regardless the legal driving age.

[dalton99a]

6. There is no law that forces Dick's to sell a firearm to an 18-year-old.

[Proud Liberal Dem]

44. Yet

[LanternWaste]

7. Short of violating civil rights, they are free to deny sales to anyone they choose.

Short of violating civil rights, they are free to deny sales or service or both to anyone they choose.

[forthemiddle]

9. Is age discrimination legal?

If the law doesn’t state “under the age of 21”, is this discrimination any different than the bakery case?
Can a business pick and choose who they sell a legal product too?

I’m just wondering, not advocating on these grounds.

[B2G]

10. That's what I'm wondering.

And I fully support the legal age being 21.

[forthemiddle]

12. I have no problem either

That's IF they change the law, I just am not comfortable with the age discrimination, for either younger adults, or older.

[Demsrule86]

15. How about age discrimination with alcohol? You can't buy a beer but you can buy an assault weapon.

I am delighted. The beginning of the end for gun humpers and maybe an end to mass murder at the hands of the second amendment crowd.

[mythology]

33. The difference is that's the legal drinking age

That said I don't think age is an issue here for the same reason 55+ housing communities are legal. Age is protected for employment.

[Demsrule86]

36. So this can be the legal age for guns...and in my neck of the woods gas stations and other stores

and businesses do not hire under 21.

[Justice]

14. 18-20 year olds are not a protected class

[LanternWaste]

17. The Age Discrimination Act applies to organizations receiving federal (sometimes state) funds only.

The Age Discrimination Act applies to organizations receiving federal (sometimes state) funds only.

So yes, if a private business decided to serve thirty-one year old customers only and no one else, it would be wholly legal unless the business was receiving a federal grant or loan.

[crazycatlady]

19. Alcohol is a legal product

Most business would lose their liquor license if they sold alcohol to an underage person.

[forthemiddle]

23. Alcohol is a legal product

But only for those over 21.
If the legislatures passed a law that upped the legal age, that would be no problem, but as of now it’s a legal product for those 18 and over.

[procon]

29. There are age restrictions in place everywhere.

Apartments for seniors only, restaurants have a separate kid friendly section, or price discounts only for seniors. There various competitive local sports leagues that are divided by age. Movie theaters and other entertainment venues, exercise facilities, dining, retail stores have special times and discounts for seniors.

[EffieBlack]

43. ... car rentals restricted to drivers 25 and older ...

[Ms. Toad]

45. Try renting a car if you are under 25 . . .

Driving/car rental/car ownership is legal at age 16 in most states. But most car rental agencies will not rent to anyone under 25.

Age is not a protected class, with the limited exception of over age 40 for employment purposes.

[treestar]

47. True, what if they decided not to sell guns to black people?

Someone up thread said age discrimination of this kind might not be a protected class.

I have mixed thoughts, since voting at 18 made sense if they could be drafted at that age. So really this is the same. And there are mass shooters over 21. It's the guns, not the age.

[onenote]

50. Race is a protected class.

[jberryhill]

63. Go try buying a home in a retirement community, and get back to us

Discrimination by age is perfectly fine in many contexts. Employment is a notable exception.

[Renew Deal]

8. Yes. They can sell to whoever they want

[Hoyt]

11. I think a store can do what they like in a case like that. Of course, they will have to listen to

young gunners whine like babies because they can't purchase the latest lethal weapons.

[Demsrule86]

13. Yes they can sell to whom they want.

It is a good move and to stop selling AR 15s as well.

[crazycatlady]

18. Yes

I've worked at a store that sold age restricted products before (cigarettes). WHen you scan the barcode on a pack of Marlboros, the POS system prompts you to enter the customer's birth date (which could be faked for someone you know is of age-- we would do 1/11/11 but now that is the birthdate of a 7yo-- in 1998 it was not).

[FSogol]

20. Don't movie theaters refuse to sell R and X-rated tickets to minors every day?

[B2G]

22. Are there LAWS on the books that spell this out? nt

[FSogol]

24. No, that is voluntary. n/t

[Demsrule86]

37. It is a private business selling guns...they can sell to whom they choose...I find it disturbing

that some even on DU are so obviously for guns no matter how many kids die. Guns must be regulated and it not unconstitutional to do so...even Sacalia agree with this.

[Ms. Toad]

46. The constitution prohibits the government from discriminating

Certain civil rights laws prohibit private entities from discriminating against limited protected classes in employment, housing, education, and public accommodations. As to age, the protections are very limited - essentially a one-way prohibition on employment discrimination against people age 40 or over (i.e. someone over 40 is protected; someone under 40 is not)

Otherwise, you're free to discriminate against anyone you choose.

[Lee-Lee]

53. Except many states have more broad anti-discrimination laws

I expect this policy won’t be legal in some states.

[Ms. Toad]

55. Generally not, as to age - and those that do are specific to employment. n/t

[Lee-Lee]

56. Might want to look closer

I’ve already found two, CA and MI, where it wouldn’t be legal.

Looks like Virginia has age listed as well.

I am slowly going State by state and finding more and more states where age is listed without qualification.

[Ms. Toad]

57. Cite, please.

Michigan's employment discrimination law, for example, lists age as a protected class, but employment laws only apply to employment discrimination - not to public accommodations/sales.

ETA: I've now found the general non-discrimination law for Michigan ( https://www.michigan.gov/documents/act_453_elliott_larsen_8772_7.pdf) , that was used to force car rental companies to rent to anyone 18 or over. Guns would appear to follow the same principles. (Although the case doesn't explain why discrimination would apparently be permitted between age 16 and 18 as to car rentals.)

[Lee-Lee]

58. See the Elliot-Larson Civil Rights Act

Specifically Article 3 37.2392 sec 302. I would copy and paste it by my phone is acting funny and not letting me.

To see it similarly applied look at the fact that the state sued car rental companies under that statue and now you can rent a car at 18 in Michigan- see Bickham v. Hertz.

[Ms. Toad]

60. I just found it & was editing my prior post at the same time you were posting this. n/t

[jberryhill]

62. No, not at all

The movie rating system is an entirely voluntary system.

It was instituted precisely to avoid the alternative of legislating what persons of a certain age would be permitted to see or not see.

[Lee-Lee]

64. But thats also dealing with minors

And allows them to go to those movies under those ages with parental consent.

[Adrahil]

21. Sure. Why not? NT

[sarisataka]

25. Look at it from a different perspective

with a legal product that has age restrictions.

Could a liquor store decide it will not sell to anyone under the age of 25?

[hlthe2b]

27. Yes, they could.

[hlthe2b]

26. Permissive language. Dicks MAY by law sell to someone 18 yo or older. They are not REQUIRED TO

Just like stores can restrict special sales to their regular customers or Apple can restrict first sales of a new iphone to, say, previous customers, those who pay cash... or whatever they want to do.

[MarvinGardens]

28. Probably.

E.g. chemical suppliers (in the U.S. at least) will not sell to just anyone with the money. They want to know who you are and what you intend to do with their products, though this is not a legal requirement for many chemicals. Some retailers will not sell cough medicine (dextromethorphan) to underage kids although this is not a legal requirement.

[Bernardo de La Paz]

30. Dick's Nix FireSticks . . . . . nt

[dsc]

34. Age isn't a protected class for the young

only for the old. They can easily to this. Just like a store or eatery can ban children.

[X_Digger]

41. And even then, it's more about employment (age discrimination). n/t

[blake2012]

35. They can have whatever policy they want

If it’s not discriminating against a protected class.

[Lee-Lee]

49. Not necessarily-

Under federal law you are correct. Under many states anti-discrimination laws they may not be able to.

[OldHippieChick]

38. Obviously, these whiny, entitled

children can buy their weapons of mass destruction at other retail outlets. It's not as if they were being deprived of their right to kill.

[Kingofalldems]

39. Aww looks like they can. Too bad.

[B2G]

40. I'm glad they can.

I've already stated that multiple times.

[Lee-Lee]

48. No federal obstacle. Under some state of local maybe...

Youth is not a protected class under Federal law, so any lawsuit there won’t go anywhere.

Now state and local laws may in some places come into play. Some have shown the example of car rentals, but state laws affect that as well.

An example is Michigan, where the state sued car rental companies for age discrimination for not renting to younger people because the states anti-discrimination law just says age can’t be discriminated on in any way. So at 18 in Michigan you can rent a car because the law protects your right.

You will also find that in many states car companies have specific exemptions under the law allowing them to set age limits.

California is one example. If you look at the Unruh Civil Rights act is says:

"All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.“

Under this law no, they couldn’t refuse to sell a product legal for the person to buy based on age.

And yes, in CA auto rental companies have a special exemption codified in law for their policies. So as it looks right now if a 19 year old who is a legal buyer in CA gets turned away right now they would have a strong discrimination case under CA law.

[spanone]

59. walmart too!

[roamer65]

61. The most important move by Dicks was...

removal of assault weapons from their shelves permanently. That cannot be challenged and now no one can get one from their stores, regardless of age.