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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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hello,i am from egypt,i am 30 years old and i live there.....last

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hello,i am from egypt,i am 30 years old and i live there.....last week,i was in california on vacation. i was in a big well known store with a friend of mine who lives and work in California since a few years ago,i was trying to buy cigarettes,the cashier asked for my ID,i showed her my egyptian passport,she did not know if it isok to let me buy or not,so she called a customer service manager, she took my passport,looked at it, gave a very bad attitude adn told me we do not sell to Egyptian passport or any other international passport.....then my friend who is older than me,told her i can show u my ID,she refused to even look at his ID,and left.....

For me as someone from out of the USA,my feelings were really hurt because of my Egyptian passport i was totally can i make a case against the store???

Thank you for your question.

I am sorry to hear that you felt mistreated by the store clerk. However under US law the clerks are legally required to review identification before selling cigarettes to anyone, and if the identification is not recognized, confirmed, or known to be genuine, the clerk is permitted to exercise her judgment and to not accept it. There is no legal requirement that she accept identification that she does not recognize, and if she considers it somehow questionable, she can request that you not purchase that item or even leave the store (it is private property, after all, and she can remove someone if she considers them to be a disturbance of some kind). I am not accusing you of any misbehavior, simply explaining how she may explain this situation and make it legal. As a consequence there are no real injuries here to pursue, and while you could potentially file suit on grounds of discrimination based on national origin, if you did not have proper US based identification, I really do not see that case going anywhere and being successful.

I am sorry but I prefer to provide you with an honest assessment and I really do not see a strong claim here.

Good luck.

Customer: replied 4 years ago.

yes but she did not even check if my passport is ok with a superior person or a higher ranking she refused to even look at my friend's ID which is a US ID....the we went to another person in the same store,he checked with a higher ranking personnel,and told us that he is sorry and of course i could buy with my egyptian passport since i'm 30 years old.


Do these facts make a difference if i want to file a case?

Thank you for your follow-up, Saher.

My apologies but a clerk has the ability to use her own judgment. The reason is because if she takes the wrong ID, not only is the store fined, so is the clerk--that means the judgment that is utilized is by the clerk primarily, so even if the superior tells the clerk to accept an ID, the clerk can refuse as they would be the ones punished if they make a mistake. Please understand that I am not defending her actions, I am simply showing that there was a logic to it, even if not favorable to you.

As for your friend, if she deemed you both as problems, and your friend became a 'problem' simply because he was with you and was your friend, she could request that you both leave the store. It is not right and it is not fair, but it is not illegal, not really. Since you were able to obtain cigarettes later, there is no extensive injury here and why I see very little chance of a successful claim. You can still choose to pursue it, but I really do not see this turning into a large claim, I am sorry.

Good luck.

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