Fred Meyer, Bi-Mart sued for refusing to sell ammo to Oregon man, 20

Published 12:00 am Sunday, March 11, 2018

A 20-year-old Washington County man filed lawsuits Friday against Fred Meyer and Bi-Mart, claiming their new policies to keep guns and ammunition out of the hands of people younger than 21 amounts to age discrimination.

Airion Grace’s lawsuits follow two others filed Monday by a southern Oregon 20-year-old, Tyler Watson, who says he couldn’t buy a .22-caliber Ruger rifle at Walmart and Field & Stream, which is owned by Dick’s Sporting Goods.

The two men are fighting policies instituted by the four retailers in the wake of a 19-year-old gunman’s rampage at Marjory Stoneman Douglas High School in Florida that killed 17 people on Feb. 14. The gunman, Nikolas Cruz, had legally bought at least seven guns, including an AK-47-style rifle, before the massacre.

Watson’s suits gained national attention, believed to be the first in the country challenging the policies.

On Tuesday, Grace went into the Hillsboro Bi-Mart on Tualatin Valley Highway and tried to buy shotgun ammunition. A clerk told him he needed to be 21.

Grace then went into the nearest Fred Meyer, about three miles down Tualatin Valley Highway, and was again refused when he tried to buy shotgun ammunition.

Neither Fred Meyer or Bi-Mart could be reached for comment. Fred Meyer is owned by Kroger.

Oregon law allows residents 18 and older to buy shotguns, rifles and ammunition for them.

The lawsuits say Fred Meyer, Bi-Mart, Dick’s and Walmart violate Oregon statutes protecting residents against discrimination based on race, religion, sexual orientation or age, among other things. The law specifically says that the state can ban the sale of alcohol or marijuana to minors but doesn’t mention guns.

Oregon Labor Commissioner Brad Avakian said this week that he thinks adding gun sales to the list of items exempt from the state’s discrimination laws would be “appropriate.” He said his agency would accept complaints from people who feel they have been discriminated against by the policies.

Federal law bans firearms retailers from selling handguns, but not rifles or shotguns, to anyone under 21.

Grants Pass attorney Max Whittington and Lake Oswego attorney Kristian Roggendorf are representing Grace. Whittington said in addition to the Oregon lawsuits, he knows of a similar lawsuit filed in Michigan by an 18-year-old man against Dick’s for allegedly refusing to sell him a rifle.

Grace and Watson are asking judges to rule the retailers’ policies unlawful and to award punitive damages and attorneys fees.

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