Man suing Sam’s Mart for discrimination says clerk refused to sell to him

CHARLOTTE, N.C. — A Charlotte man is suing a gas station chain for discrimination after he said a store clerk refused to sell him beer, juice and gas, even though he showed a legal ID.

Walter Montano Lopez told Channel 9 that he and his stepfather went inside the Sam’s Mart on Steele Creek Road to buy gas, two bottles of juice and a beer.

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He said the clerk asked for identification to purchase the alcohol, and he pulled out his Central American passport.

“She refused it,” Lopez explained. “I feel like, 'Let me just start recording, because this isn’t legal.'”

Lopez took out his cellphone and began recording the rest of the encounter on video.

He said she continued to ask for more identification.

Between the two men, Lopez said they produced the passport, a valid state driver’s license, a green card and a Social Security card, even though they say the clerk’s request was unlawful and discriminatory.

Eventually, the video shows the men being asked to leave the store. They weren’t able to purchase the beer, juice or gas.

“This is my country now,” Lopez said. “I don’t want to feel like I go to another store, and they not sell me everything because l look Latino, it’s not right.”

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Channel 9 dug into North Carolina's ABC law, and found there are four types of valid identification people can use to purchase alcohol: a passport issued by any country, a current driver’s license from any state, a military ID or a state-issued identification card.

Now, the men have filed a lawsuit claiming the store illegally discriminated against them because of race, color, ethnicity or ancestry.

They are seeking monetary damages in excess of $25,000, attorneys’ fees and injunctive relief. They also want the company's employees to receive better training.

Channel 9 contacted Sam’s Mart for a comment on the incident, but had not heard back.

In legal papers, the company says the man tried to buy alcohol but couldn’t provide proper ID. It says the second man then tried to buy alcohol but was denied because the clerk considered it a third-party alcohol sale, which is illegal. However, Sam’s Mart also says any alleged discriminatory conduct by the employee was not done with authorization by the company.

Cox Media Group