Q: Can Grocery Outlet enforce a policy against backpacks but not purses?
I'm wondering if Grocery Outlet can legally refuse to let me shop unless I leave my backpack at the counter, which to me appears to violate my 4th Amendment rights. They claim it is store policy, but they only enforce this on individuals with backpacks, not women with shoulder bags or purses. I spoke to the franchise owner, who supported this policy. Are they allowed to have such a policy that seems selectively enforced?
A:
This is not a violation of your rights. The 4th Amendment applies to government entities, not to private companies.
There are laws against discrimination (state and federal) that apply in some situations - for example, if the store rule only applied to men with daypacks, but not to women with daypacks, then your rights under Washington State law covering public accommodations may be violated - but if the rules about daypacks applies equally to men/women, there's no violation.
You could consider bring in a small bag, similar to a typical purse, and see what happens.
However, laws against discrimination don't apply automatically. A business could have a valid reason to apply a rule about daypacks to just one person - for example, if they could provide evidence that they have reason to be suspicious about just that one particular person.
I hope this is helpful. Please consider this educational information, not legal advice. No attorney/client relationship has been formed between us.
Best,
Merry
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