Oregon Man Sues Dick’s Sporting Goods For Age Discrimination In Denial of Gun Purchase

There is an interesting lawsuit in Oregon where Tyler Watson is suing Dick’s Sporting Goods for age discrimination after the store (and Walmart) declared that they would no longer sell guns to people below 21 years old.  Since he is entitled to buy guns under state law, he is claiming that the store policy discriminates against him on the basis of age in refusing to sell him a .22 caliber Ruger rifle.

Oregon expresses protects against discrimination based on age:

Except as provided in subsection (2) of this section, all persons within the jurisdiction of this state are entitled to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, without any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is of age, as described in this section, or older.

(2)Subsection (1) of this section does not prohibit:

(a)The enforcement of laws governing the consumption of alcoholic beverages by minors and the frequenting by minors of places of public accommodation where alcoholic beverages are served;

(b)The enforcement of laws governing the use of marijuana items, as defined in ORS 475B.015(Definitions for ORS 475B.010 to 475B.395), by persons under 21 years of age and the frequenting by persons under 21 years of age of places of public accommodation where marijuana items are sold; or

(c)The offering of special rates or services to persons 50 years of age or older.

(3)It is an unlawful practice for any person to deny full and equal accommodations, advantages, facilities and privileges of any place of public accommodation in violation of this section. [Formerly 30.670; 2003 c.521 §1; 2005 c.131 §1; 2007 c.100 §5; 2015 c.614 §27]

The law raises an interesting question if there is a rational basis, let alone the higher level of scrutiny usually afforded constitutional rights, for refusing a gun purchase to a 20 year old individual.

Here is the lawsuit: Watson’s Complaint.