Walmart (3)

I'm obsessive-compulsive: things tend to linger in my mind. I also generally avoid conflict (though if you've been reading this narrative, you likely find that hard to believe!), so when a conflict occurs, I spend a lot of time mulling over my actions. And so after much mulling, I decided to email Walmart again with more detail (see post one and two on the subject). Below is the second message I sent:

Hello: I know I already emailed once to complain about a situation. I felt I should email again to provide more detail.

As I was leaving the Sauk Centre Walmart on Friday, November 28, I heard an employee say "Wait, I need to see your bag."

I want to be very clear about this. I did not see or hear any security alarm going off. And the employee did not simply ask to see my bag. She ordered me to stop, claiming she needed to see my bag. I felt she had no authority to give me such an order, and so I had no obligation to follow her order. I told her I did not want her to look at my bag, and that she had no right to look at my bag. I then continued to walk outside.

At this point she yelled, followed me into the parking lot, alerted another employee to follow me (and I believe that employee attempted to write down my license plate number). After being treated with such suspicion, I felt I should turn my car around and explain further.

Bag/receipt checks are voluntary: once I have purchased items, they are now my property, and if I don't want to let another person look at them, I don't have to. And if the employee had 1) been trained to know that bag/receipt checks are voluntary, or 2) had asked to see my bag rather than simply ordering me to stop so she could see my bag, perhaps I wouldn't have been yelled and and followed into the parking lot treated with suspicion.

I am not looking for any employee to be punished. But after being treated with such suspicion, I felt compelled to contact you to give you my feeling on the situation. I did nothing wrong, but I don't feel I was treated very well.

Wal-mart (2)

Read about the situation here.  Below is a copy of the self-righteous, indignant email I sent to Wal-mart (the email form includes my name, address, and phone number):

I hope in the future you will inform your employees that bag searches or receipt checks are voluntary: customers may consent to them, but we may also refuse. It is, in fact, a Constitutional right:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Today, after paying for my purchases, a Walmart employee asked to look at my bags. After I informed her I did not want her to look in my bags, she protested, and I said she did not have a right to look, and I continued to walk to my car. Because she followed me into the parking lot and alerted another employee to follow me (presumably to write down my license plate number), I decided to turn around and explain that I left because Walmart employees do not have a right to examine my bags or receipt without my consent.

Still, I was bothered: I felt like I was accosted and accused, when in fact I had done nothing wrong. I only declined a bag/receipt check because I have a Constitutional right protecting me from "unreasonable searches and seizures" (and yes, looking in bags or receipts is an unreasonable search and seizure, as the 4th amendment to the Constitution includes "papers, and effects."

I fear that Walmart is not concerned with its customers' Constitutional rights, as I was yelled at and chased into the parking lot for no good reason.

The Wal-mart in Sauk Centre, MN

From The Consumerist:

"According to consumer reporter Asa Aarons, unless you've signed a membership agreement contractually obligating you, bag searches and receipt checks are voluntary. As in, you can refuse.

"If the retailer has a reasonable suspicion you're shoplifting, however, they can detain you at will."

Wal-mart has had issues with this in the past, as you can read about here, and here, and here. My story isn't quite so bad.

This morning at the Sauk Centre Wal-mart, I went with my brother to buy some items.  I purchased the items and began to walk out with them.  As I attempted to exit, an employee told me to wait so she could check my bags/receipt.  I told her I did not want her to look in my bag.  She protested, and I told her she had no right to look in my bag.  I then proceeded to walk out, ignoring her.  She tried to stop my brother, but he decided to follow me.  My brother says it is not an exaggeration to say she was yelling at us.

I also think it is important to note that the employee did not merely ask to see my bag/receipt; she did not seek my consent.  She gave me an order, saying something to the effect of "Wait, I need to see your bag."  I felt like she had no authority to give me such an order, and thus I had no obligation to follow her order.

The employee followed out the door, and as I walked to my car, she alerted another employee outside, who followed me.  As I drove away, it appeared to me he was writing down my license plate number.  To avoid any lingering hassles, I turned around.

A manager was in the parking lot.  I rolled down the window and explained that as a customer (who is not a member with a prior agreement), I had no obligation to let an employee look in my bag.  I preferred not to be hassled, and just wanted to leave.  Once I've purchased the items, I'm allowed to leave and they don't have a right to search me.

The manager explained this had nothing to do with searching me (though if they were going to look in my bags or look at my receipt, it is a search: the fourth amendment specifies "papers, and effects"), but that they have the right to check receipts.  I explained I knew the law, and that they did not (of course, they have a right to ask to see my receipt, but as the Consumerist reports, it is my choice whether or not to comply).  Of course if they had reason to believe I had stolen something, they could stop me.  Do you suspect me of stealing?, I asked.  The manager said she did not, though she did suggest it was strange why I wouldn't want somebody to look in my bags.  She also said the security alarm went off (I did not hear a security alarm as I had exited), and the employee was supposed to check when that happened.  She further added that sometimes the alarm goes off because of an error scanning merchandise (though that means nothing to me: if I didn't steal anything, then I had nothing to do with any alarm going off, which in this case I don't even think happened.  But people often walk through security alarms when they mistakenly go off.  They generally keep walking.  I do: I know I didn't take anything, and I have nothing to do with a machine buzzing beyond my control, so if I want to keep walking, I keep walking.  A machine buzzing doesn't automatically take away my rights). Finally I said that if she suspects me of stealing, I'll pull over and show my bags and receipt, even though I am not obligated to do so.  She said she did not, and she let me go.

All in all, it wasn't a big deal.  The employee was clearly not well trained to know that any bag search/receipt check of customers at a store are voluntary.  But I was not detained--merely hassled, slightly accosted, obviously accused.

Why did I not just show my bags?  I did not steal anything.  I had done nothing wrong, and I had nothing to hide.  But it is a matter of principle.  I'm appalled by the suggestion that "If you have done nothing wrong, then it shouldn't matter if I violate your rights."  The police can't do that (see the 4th Amendment), and private businesses can't either.  We have rights, and for a merchant to search or seize a person, that merchant needs probable cause (such as witnessing stealing).  I don't have to say "Well, I didn't do anything wrong, so I guess I'll set aside my rights and let you search my bags."  I simply don't have to do that: I have the right not to be accosted in such a way.  Bag searches and receipt checks are voluntary.  In this case, I chose not to allow my bags to be searched or my receipt to be checked, and so a Wal-mart employee yelled at me, followed out into the parking lot and sent another employee to follow me.  She apparently did not know that my consent to a bag search/receipt check was voluntary.

Oh, Gary Unmarried. Will you ever learn?

I have called Frasier the uber-sitcom: the show explored every possible conventional sitcom scenario you can think of.  They brought "character overhears part of a conversation and misinterprets it with hilarious results" to an artform.

But there's a new uber-sitcom.  It's not as good, but it uses many familiar sitcom situations.  I'm talking about Gary Unmarried.  After last week's "guy is at a restaurant with one woman and must keep her from seeing another woman who is also at the restaurant" situation, this week we're enjoying the "guy and gal aren't together but must pretend for somebody else that they are together, and the audience knows the truth, with hilarious results" scenario.

Jokes about men and women not getting along?  Oh, hell yes.  Jokes about sexless, joyless marriages?  You betcha.  Jokes about a hapless male who just doesn't get it?  The show is called "Gary Unmarried" folks--what do you think?

Sometimes I find myself not quite understanding, and I have to stop to catch up.  "Wait a minute: so a woman called a man to tell him something personal and slightly sexual, and he had her on speaker phone for a large group of people, and she didn't know she was on speaker phone, with hilarious results?"

Oh, Gary Unmarried.  What will you get yourself into next?

Do your job, fortune cookie!

After enjoying some Thai food from Taste of Thailand Restaurant, I turned to my fortune cookie to guide me the rest of my day, and perhaps my life.  And here is what the fortune cookie told me:

"An important word of advice may come from a child."

Well, I know a child may give me advice.  But right now, I have you here, fortune.  It's your job to give me a word of advice.  Why can't you give me advice, fortune cookie?  Imagine if I walked into Subway and the employee told me "Your mother may make you a sandwich."  Sure she may, but you're here now!

Thanks for nothing, fortune cookie.  Now I'm left to fend for myself, or wait for a child to come give me advice.

Miller Lite demands excessive brand loyalty

There's that one "More Taste League" commercial when a guy is at a bar and he orders a Miller Lite. The commissioner, disguised as a bartender, says they're out. The poor sap says, "OK, any lite beer then." The commissioner then calls him "Busted:" he's not supposed to drink any other beer but Miller Lite. Even if Miller Lite is not available, Miller Lite doesn't think this poor fellow should drink any other beer. So if you're out at a bar, and that bar isn't serving Miller Lite for some reason, you should drink water, or nothing. Maybe gin. But you're not supposed to order another beer.