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Is it against the law to deny service if you do not show a US ID card?

Dallas, TX |

Last night I went to wal mart to buy milk for my newborn . When i got to the register i pulled out my credit card to pay and this lady asked for my ID as well to verify my Identity i guess. So since i was not born here in the US there is no way i can have a state ID nor drivers license. So i showed her my Mexican Consular Matricula. (An ID issued by the Mexican government at the Mexican embassy in Dallas), and then she said that i better show her a Texas ID and i explained my situation to her and the reason why i cannot have a texas ID. And that i did not think that was fair. So i asked for the supervisor. And the supervisor said I CANNOT LET YOU MAKE THIS PURCHASE IF YOU DO NOT HAVE A REAL ID. I CANNOT TAKE YOUR MEXICAN MATRICULA SO PLEASE LEAVE. So i left and felt offended and sad.

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Attorney answers 3

Posted

Well, there are multiple levels to your answer just like there are multiple levels to your question which you also did not focus on. It is a private transaction so any store can adopt policies for non-cash credit transactions they want (not for debit cards). HOWEVER, having been in a few Dallas area Walmarts (like West Plano, etc.) I swiftly realized they do things a bit different than the stores around most of Houston. I don't remember ever seeing Ralph Lauren clothes being sold here...

The answer: Under Federal Law all places of public accommodation and sales can not treat people differently based upon their protected status involving National Origin, Race, Religion, Gender, etc. Additionally, under the US Constitution, there is no difference in the application of such law on the basis of citizenship. All persons on US lands are governed by the same US laws, citizen, non-citizen, even Martians (if they don't zap us first)! We fought a war that killed or wounded several hundreds of thousands of our own Citizens to make sure the word "people" extends to all people, not just a selected few. Yet the treated you differently and you are a US person under the Constitution. I am sorry.

You have potential legal claims under Federal Law. You really should talk to a Lawyer who has a feel for social justice as soon as possible in your area, or if not, in Houston or San Antonio. I am opening a part time office in Dallas in a week or so as well.

You need a lawyer, not an activist who gets on TV and promotes himself at your expense and suffering. I am doing a discrimination matter this week involving a pizza delivery that insulted the person's race and religion written under the top of the pizza box. It still happens. I also have a very wealthy African Doctor client whose teenage some gets stopped and search when he goes into stores in wealthy neighborhoods (where he lives) and I help him often. It is very sad for all the people... Interestingly, in the languages of many American Indian tribes from thousands of years before they were made citizens in the 1800's, the word for nation was exactly the same word as the word for "people"... all people were... the nation. Please take some action to make this a better place for all people.

Because you were buying even milk something covered under the Federal WIC program in which they participate, they are vulnerable. Also, the majority of Wal-mart's sales in much of Texas is to minority customers... it would seem like they want to resolve this quickly. PLUS there are multiple video recordings on each cashier so there is evidence of it all PLEASE CONTACT LAWYERS BY EMAIL EVEN THIS WEEKEND!!

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Asker

Posted

I dont know whether forget the incident or do something so they can stop doing this to hispanic people. If I get an attorney Im going to spend money I dont even have. Its sad. I know they have done it before several times since the supervisor said that had happened before and they didnt let them make the purchase.

Asker

Posted

I kept on telling the cashier and supervisor what they were doing was agains the law but deep inside me I was not sure that was true. Even people behind me felt offended as they were saying that they should accept my ID.

Posted

If you have signed the back of your credit card, then pursuant to credit card merchant policy, they cannot ask for additional ID. If you had not signed the back of the card, then it is completely permissible asking for additional candy. If it is both a credit card and debit card, then of course you could have used the debit card without any id. What kind of credit card was it? Had you signed the back of it?

Please designate a best answer to your question, and mark as helpful any answer you find helpful. Help support the time spent by attorneys in this forum. Thank you. This is not legal advice and is provided for informational purposes only. NO attorney-client relationship or privilege is created, and none of this is confidential.

Asker

Posted

It is signed. And its a debit/credit card. But i always use it as credit because i dont feel comfortable punching my pin number. Ive seen on the news people have been stealing cards info.

Asker

Posted

I kept on telling the cashier and supervisor what they were doing was agains the law but deep inside me I was not sure that was true. Even people behind me felt offended as they were saying that they should accept my ID.

Bryan L. Walter

Bryan L. Walter

Posted

Report the violation to the credit card company

Edward James Kazaleh

Edward James Kazaleh

Posted

I will send you the link to their violation form, but I would suggest waiting until your lawyer starts.. it does nothing to help you personally to file the complaint with the credit card.

Asker

Posted

Okay. Thanks.

Posted

Best bet is to have a local lawyer investigate.