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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116709
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was informed by numerous people that know me in the

Customer Question

I was informed by numerous people that know me in the hermosa beach area that my picture was posted at 7-11, along with 7 other locals. There is a picture and full name stating we are all classified as "habitual drunkards" due to past arrests. We are not allowed to be sold alcohol or the store will be penalized with fines and jail. This is now making sense why I had been embarrassly turned away from buyinig alcohol with a weird look on the cashiers face and no explanation as to why. Like I was a robber or something. I had never been in that particular 7-11 and was astonished to see my picture along with a man with 2 felony murderers under his belt.
My kids live down the street and their friends saw this flyer up on the wall in clear view of all customers. He was completely embarrassed and has affected him. The 7-11 worker gave me a copy of this, which I have and another friend took a picture of the flyer in that 7-11 on the wall behind where the cashier stands.
I called the HB police and they stated that this was illegal. I later returned to the 7-11 and the flyer was not there anymore, but had been there for over a year. I now see why all these people I have known, friends and business associates, were avoiding me and acting weird avoiding talking to me. Although I was completely sober. Word had gotten around like fire and I feel I was the last to find out.
I have been in trouble for a couple of years with drinking citations and arrests, for open containers on the beach, drunk in public (which I wish I would have fought), and a small petty theft of 5.50 at Von's, when I was so down on my luck.
In this public flyer the police reference PC 397, which I read. I still do not understand why I was not informed about this by the police or courts.
What are my rights and what can I do, as I feel this type of information should not be posted around town when I grew up in Manhattan Beach, my hometown. Please help me.
Thank You *****
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
PC 397 states that the store cannot sell alcohol to someone who is a habitual drunk or person adjudicated incompetent by a court. So, they would have to have proof you were a habitual drunk. So they are going to claim that because of your several charges of public intoxication, that you were a habitual drunk (someone convicted 3 or more times for public intoxication).
It is however a possible civil suit for violation of the common law tort of false light, which is part of the invasion of privacy torts, and is based on them implying something false, which gives a false impression about you and that false impression that is created must be "highly offensive to a reasonable person." Since they published this to the public and this caused you harm in the community by putting you in a false light, you could sue them for damages.
So you would have to take the store to civil court.
Customer: replied 1 year ago.
Is the 711 store allowed to post the flyer with my name and picture for the public to see or is it for employees only?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

They are not supposed to publish it to the public, that is where the common law tort of false light comes into play.

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