Wal-Mart's Nude Child Photo Policy Hits 9th
Wal-Mart's Nude Child Photo Policy Hits 9th
(CN) - A couple who briefly lost custody of their children after developing bath-time photos told the 9th Circuit that Wal-Mart should have disclosed its "unsuitable print policy."
Lisa and A.J. Demaree say they photographed their daughters, who were 5, 4 and 1 1/2 at the time, in the bathtub while on a family trip to San Diego in 2008. The couple then returned home to Arizona and dropped off the camera's memory stick at a Wal-Mart in Peoria to have the photos developed.
Wal-Mart employees later reported the photos to the Peoria Police Department, which called in the Arizona Child Protective Services Agency (CPS). The Demarees ended up losing custody of the girls for more than a month while they fought to prove their innocence. A Maricopa County Superior Court judge eventually reunited the family after finding the photographs were not pornographic.
The Demarees sued Wal-Mart in 2009 for consumer fraud, alleging that it has a secret "unsuitable print policy" for handling nude photos of perceived minors, and that it should inform customers that it might turn over unsuitable photos to the police.
http://www.courthousenews.com/2013/03/07/55525.htm