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Circuit City Receipt Nazis / Michael Righi
9/5/2007 7:15:00 PM

As some of you might know, receipt nazis are one of my biggest pet peeves.  For those of you not familiar with receipt nazis, let me offer a definition:

Receipt Nazi:  Noun.  The goon who demands to inspect your receipt as you leave a store.

Most people don't know their rights.  Most people don't know the law.  Here's the deal, specific to Delaware, but widely applicable all over the nation:

It is acceptable for a store to ask to see your receipt.  It's also acceptable for a random stranger to ask you for money.  Both are acceptable, provided the process is totally voluntary.  It's your choice.  You choose if you want to humor the store's policy.  Just because a policy is printed on a piece of cardboard, it doesn't mean that it has the force of law.  I usually just say "No, thank you." and continue walking.

Most people don't know that they can simply refuse, and be on their way.  Often times, a receipt nazi will attempt intimidation.  I've had situations myself where I was told that "you're not leaving until I see your receipt".  Regardless of what anyone's manager has told them, this is completely unenforceable.  In my situation, I simply told the fellow "Call the police, if you saw me steal something.  If not, get out of my way, or I'll be the one calling them."  In my case, the goon backed down.  I'm one of the few people who actually reads the state laws, so I know my rights.  Sadly, most people allow these abuses.

However, this post isn't about my case.  It's about a fellow named Michael Righi.  Michael had a similar encounter to mine, but his encounter ended in a much less favorable way.  Oddly enough, both of our encounters happened at a Circuit City.

Michael has posted a complete writeup on his website.  You can read the whole story here.

Here's my short version:

  • Michael was stopped, and was requested to produce his receipt.
  • Michael refuses to produce his receipt, which he was completely within his rights to do.
  • Store employees prevent Michael from leaving, by blocking his path.
  • Michael summons the police, as he is being illegally detained.
  • The police officer (Ernie Arroyo) determines that Michael has not stolen anything.
  • The police officer demands Micheal's identification (the actual driver's license card).
  • Michael refuses, as he is not required to provide his driver's license, as he wasn't driving.
  • The police officer arrests Michael, and charges him with "Obstructing Official Business" (Ohio Law)

I've done the research, as this happens to be one of my interests.  Here's my analysis on the incident:

  • Michael stood up for his rights.
  • Michael violated no laws.  He acted in a respectful manner, and did not escalate any of the situations.
  • The Circuit City employees were quite incorrect in their assumptions about the law.
  • The police officer was clearly on a power-trip, and wanted to charge Micheal with something.
  • These abuses shouldn't be tolerated.  Michael is a patriot, and he defended his rights.  Most people take their rights for granted, and don't stand up for them.  Michael should be commended.
  • Hopefully, Michael will be quickly vindicated in court.  The officer should be fired.
  • Hopefully the resulting civil lawsuit will end this obnoxious policy at all retailers.  Hopefully Circuit City will be spanked soundly enough to teach the whole industry a lesson.

I've already contacted Michael.  I've offered to travel to Ohio, to observe the trial, and ensure he received equitable treatment.  I haven't gotten a response yet, but that's not surprising.  I'm sure he's swimming in correspondence at the moment.  I wished him the best, and offered any help that I can provide.

Officer Arroyo: You are clearly incompetent and malicious.  I hope you become an example to all the police who abuse their position.

Update, 09/06/2007:

I've gotten a reply from Michael Righi himself.  He's pretty busy at the moment, so I'm pretty impressed that he made the time for me.  With his permission, I'm reposting his reply...

Benji,

Thanks for contacting me, and thanks for the well worded post on your blog. I wish that everybody's messages to me were as supportive as ours. :-)

It's a shame that more people don't know or stand up for their rights as you have done before. I commend you for not so easily giving in.

I'm committed to seeing this issue resolved justly, and once my attorney advises me that it's okay to speak I'll be providing more updates on my web site.

Take care,
Michael

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Comments (7)
Posted By Skye, Wednesday, September 05, 2007 11:28:00 PM
I'll crosspost this on Ancora.
Posted By Benji, Thursday, September 06, 2007 1:17:00 PM
Splendid. I hope this gets a lot of attention. Thanks, Skye.
Posted By Jph2, Friday, September 14, 2007 5:22:00 PM
I finally got to your post as I've been working my way through the comments on Michael's site. I didn't get to them until today because they're close so I couldn't add my support.

I have to admit I'm surprised, but happy, to find there's a little community of us out here who are no longer willing to stand for a silly, ineffectual policy that misguidedly only harasses law-abiding customers.

Hitler's regime solidified its hold on the country using legal means because no one would stand up for their rights. Eventually the situation became such the consequences for finally standing up were too high. Let's not get to that point—tell the Receipt Nazis no. I've crossed Lowe's off my list of retailers, won't add Sam's Club, and know Best Buy's turn is coming. Fortunately neither Home Depot nor Circuit City in my area are so callous toward their customers.
Posted By Benji, Friday, September 14, 2007 10:23:00 PM
Jph2,

Great to hear from you. I agree with you completely. I'm glad that I'm not alone on this anymore. Most people don't realize how rights slowly erode when they aren't exercised.

I can't help but think that our current generation doesn't appreciate our freedoms, as we haven't really earned them. I somehow doubt that any WWII vets would tolerate such treatment.

I anxiously await the outcome of Michael's case. Hopefully, he will meet a quick victory; and will sue them into the stoneage (collective them, both Circuit City and Officer Arroyo's department).

I'll cross-post this to your blog, to ensure you get a copy. Best wishes.
Posted By Daniel Einspanjer, Thursday, September 20, 2007 10:39:00 AM
I agree with all of the principles of the matter and every thing that Michael did, but I have to say I do disagree with your disgust of the officer and with your desire to see him fired for incompetence. Have you ever done something incorrect at your job that might have inconvenienced someone else? Was it something you should have known to do differently? Do you feel that you should have been fired for it?

If the officer had thrown Michael to the pavement, maced him, then threw him into the back of the car, I would agree that he was on a power-trip and should have been fired. Michael's description of the events do not indicate the officer doing anything more than arresting him without proper cause (and possibly failing to read him his rights). For that offense, I feel that Michael should press a wrongful arrest suit and that the officer should be reprimanded. I feel that action is sufficient because if it happened, the officer would be in absolutely no danger of ever possibly arresting someone wrongfully for that reason ever again and would be very unlikely to *ever* arrest anyone wrongfully again under any circumstances. We know nothing of the officer's career or record, but it is much more likely that he has a deep desire to uphold the law and serve the public because there are many careers much more suited to power-tripping than a beat cop. In my opinion, taking that person out of that position would be just as harmful to the public as the voluntary relinquishment of our rights that Michael was standing against in the first place.
Posted By Benji, Sunday, September 23, 2007 8:19:00 PM
Daniel,

You make a thoughtful and well-reasoned point. Let me clarify the reasons for my feelings on the issue.

Firstly, you're right that I'm working only from Michael's description of the facts. I haven't heard Officer Arroyo's side of the story, so everything that I've said is dependent on the truth of the matter.

Most of my displeasure with Officer Arroyo's conduct is based on intention rather than action. At the time that he demanded Michael's identification, he was already aware that a crime had not been committed. Since Michael had been cleared of the suspicion of theft, I feel that Officer Arroyo was acting with outright malicious intent.

The malicious intent is the reason that I would like Officer Arroyo to be dismissed from the force. Anyone is entitled to a mistake on technical ground. I'm obviously not expecting every law officer to know every law verbatim. However, in this case, I feel that Officer Arroyo was clearly acting in a malicious manner. For this reason, I do not feel that he remain in his position of relative authority.

Since it's been a few days since your original comment, I'll make mention of Michael's latest posting...

Honestly, I'm disappointed that the matter has come to rest in such a manner. I had hoped that he would see it through to the end. I understand his reasons, but is saddens me nonetheless.

I think that I understand your position... I think our difference is a matter of intent. I look forward to your reply.
Posted By Benji, Tuesday, October 02, 2007 2:25:00 PM
I just found this splendid writeup, which mentions BarnyardBBS:

http://whatdoyoudrive.blogspot.com/2007/09/michael-righi-and-receipt-nazi.html