Portland, Oregon — An Oregon House measure would allow shops to legally scan IDs of customers purchasing tobacco or alcohol, regardless of age. The legislation follows two lawsuits challenging the practice, alleging that universal ID checks violated existing state law and invaded privacy.
In September, KGW reported on an increasing number of merchants implementing universal ID checks for alcohol and tobacco items.
Plaid Pantry’s CEO, Jonathan Polonsky, stated that the carding procedure reduced guesswork and maintained the company in line with state and municipal standards.
“All we’re trying to do is do the right thing and make sure kids don’t get tobacco or alcohol,” Polonsky told me.
Not everybody agreed with the policy.
“I understand their reasoning because they’re trying to protect themselves from selling to underage kids,” Molalla resident Scott Dale explained. “But you can’t do that when there are privacy laws in place.”
Oregon law prohibits the swiping of a driver’s license except in certain instances, such as the sale of age-restricted products if there is any reasonable doubt that the person is 21.
According to Oregon Administrative Rules, there is reasonable doubt if the person seems to be younger than 26 years old.
“The law does not allow a business to swipe every driver’s license during every transaction,” said Portland attorney Michael Fuller.
Fuller is suing Plaid Pantry and WSCO Petroleum, which operates the Astro gas stations, over their universal card swiping procedures.
“This bill addresses the recent concerns raised by class action lawsuits,” Rep. Emily McIntire told KGW in a written statement. The Republican from Klamath Falls emphasized that the primary goal of the measure is to prevent minors from obtaining alcohol and tobacco goods.
House Bill 2055 is being sent to the House Judiciary Committee. Even if it is passed, the bill will not resolve the ongoing challenges over ID checks because it is not retroactive.
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