3/5/2018 12:45 PM

18CV07671

4 IN THE CIRCUIT COURT OF THE STATE OF OREGON

5 FOR THE COUNTY OF JACKSON

6 TYLER WATSON
Case No.
7 Plaintiff,

8 vs.
COMPLAINT
9 Unlawful Age Discrimination
DICK’S SPORTING GOODS, INC., dba
10 FIELD AND STREAM, Amount Claimed: Injunctive Relief
Fee Authority: ORS 21.135(1)(2)(a) $265
11 Defendant.
12

13

14 Come now the Plaintiff and allege as follows:

15 1.
16 Plaintiff is a resident of Gold Hill, Oregon in Jackson County. Plaintiff is 20 years old and
17 was 20 years old at all relevant times.
18 2.
19 Defendant Dick’s Sporting Goods, Inc. is nationwide retail store headquartered in
20 Pennsylvania, which sells sporting goods and other goods to the general public. Dick’s Sporting
21 Goods sells firearms to the general public at their Field and Stream stores. Defendant Dick’s
22 Sporting Goods owns and operates the Field and Stream store located at 293 Rossanley Dr Ste B,
23 Medford, Oregon, 97501. Jurisdiction and Venue are proper in Jackson County.
24 3.
25 On or about February 24, 2018, Plaintiff entered the Field and Stream store at 293
26 Rossanley Dr Ste B, Medford, Oregon, 97501 (the “Field and Stream store”) during normal
27 business hours for the purpose of buying a .22 caliber Ruger 10/22 rifle.
28
Cauble, Cauble & Selvig, LLP - Attorneys At Law
111 SE Sixth Street PO Box 398
Grants Pass, OR 97528
541-476-8825 Fax 541-471-1704
COMPLAINT- Page 1 ccauble@thecaublefirm.com
1

2 4.

3 Plaintiff went to the firearm section of the Field and Stream store and told the clerk, and

4 employee of Defendant, that he wanted to purchase a .22 rifle from the store. Plaintiff also told

5 the clerk that he was 20 years old.

6 5.

7 Defendant’s employee then told Plaintiff that he would not sell Plaintiff any firearm,

8 including rifles and shotguns, or ammunition for a firearm, because Plaintiff is under 21 years old.

9 6.

10 Defendant’s employee specifically stated that it is Defendant’s new policy not to sell any

11 firearms or ammunition, including rifles and shotguns and their ammunition, to anyone under 21.

12 Defendant’s employee stated that Plaintiff was being denied the sale of a firearm for that reason.

13 7.

14 Defendant then left the Field and Stream store without purchasing a rifle.

15

16 FIRST CLAIM OF RELIEF

17 (Unlawful Age Discrimination in Public Accommodations)

18

19 8.

20 By denying Plaintiff the sale of a rifle and/or ammunition for a rifle based on Plaintiff’s

21 age, Defendant has committed illegal age discrimination in public accommodations in violation of

22 ORS 659A.403.

23 9.

24 In addition, Defendant has publicly advertised its unlawful discriminatory policies by

25 issuing a press release, and other materials, stating that Defendant will no longer sell any firearms

26 or ammunition to any person under the age of 21. This is a willful violation of ORS 659A.409.

27

28
Cauble, Cauble & Selvig, LLP - Attorneys At Law
111 SE Sixth Street PO Box 398
Grants Pass, OR 97528
541-476-8825 Fax 541-471-1704
COMPLAINT- Page 2 ccauble@thecaublefirm.com
1 10.

2 Pursuant to ORS 659A.885(7), Plaintiff asks this Court for injunctive relief ordering

3 Defendant to stop unlawfully discriminating against 18, 19, and 20 year-old customers at all

4 Oregon locations, and punitive damages in an amount to be determined because the willful nature

5 of the discrimination.

6 11.

7 In addition, Plaintiff is entitled to recover reasonable attorney fees incurred in bringing

8 this action pursuant to ORS 659A.885(7)(d).

9 12.

10

11 WHEREFORE, Plaintiffs request the following relief:

12 1. Injunctive relief requiring Defendant to stop unlawfully discriminating against 18, 19,

13 and 20 year-old customers at all Oregon locations.

14 2. Punitive damages.

15 3. Reasonable costs and attorney fees.

16 4. Such other relief deemed just and equitable.

17

18
DATED this 5th day of March, 2018.
19

20 CAUBLE, CAUBLE & SELVIG, LLP

21
/s/ Max C. Whittington
22 Max C. Whittington, OSB #154474
mwhittington@thecaublefirm.com
23 Attorney for Plaintiff

24

25

26

27

28
Cauble, Cauble & Selvig, LLP - Attorneys At Law
111 SE Sixth Street PO Box 398
Grants Pass, OR 97528
541-476-8825 Fax 541-471-1704
COMPLAINT- Page 3 ccauble@thecaublefirm.com