Warren, MI asked in Civil Rights and Criminal Law for Michigan

Q: How should I handle being stopped by an accusation of shoplifting when my ostomy bag is full?

I am an ostomate; there has been an increase in reports from fellow ostomates on support group sites of being stopped/accused of shoplifting when they have a full bag or bulges from a parastomal hernia. Some have resorted to exposing their body and/or medical device; some have even been poked in the "bulge" which can be painful or even cause injury (the bulge includes the bit of intestine sticking out of the abdominal wall or is a hernia, both painful if poked). Unfortunately, walking through a store tends to stimulate the digestive tract, leading to a usually filling bag when heading to checkout. Stress can have the same result, and, as I do not even know how to appropriately handle this situation without the ostomy issue, find the thought of being put in this position stressful. Even worse is the thought of being faced with this issue while in a dress! I am hoping that having a "what if" plan eases that stress and would allow me to handle any such situation appropriately.

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Great question! It's hard to give a "right" answer because there are a number of variables to consider...including the reality that some people simply lack empathy.

The simple answer is to do what probably comes naturally to you: if confronted, remain calm and explain that you have a medical condition that requires the use of that bag, and offer to go with them to a private area if they would like to verify. That though, may not resolve the embarrassment and humiliation.

In an ideal world, store security should not be stopping you unless they have already seen something suspicious. Good stores generally don't want to risk being wrong and the negative publicity and good will that may result.

Self-checkout lanes are becoming increasingly common and are quickly becoming the most common way shoplifting and mistakes happen. If it were me, I would avoid using self-checkouts, which should greatly reduce your chances of being accused.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.