Dalbeck v. Bi-Mart Corp.

Under ORS 659A.403, places of public accommodation may not discriminate against anyone aged 18 or older based on their age unless there is a statute expressly allowing such discrimination.

Dalbeck appealed the dismissal of her age discrimination case for being denied the purchase of a hunting rifle. Dalbeck assigned error to, inter alia, the trial court’s grant of summary judgment in Bi-Mart’s favor. On appeal, Dalbeck argued that ORS 659A.403 prohibits age discrimination against all persons over 18 years old and that any exceptions must be express and not implied. In response, Bi-Mart argued that ORS 659A.403 can be interpreted as permitting discrimination against persons aged 18-20, or, if there is a public safety reason. Under ORS 659A.403, places of public accommodation may not discriminate against anyone aged 18 or older based on their age unless there is a statute expressly allowing such discrimination. The Court found that the text of ORS 659A.403 evinced the legislature’s intent for the statute to apply to individuals who are of the age of majority, which under ORS 109.510 is 18 years old. The Court further found that any exceptions allowing age discrimination must have an express statement and not merely be implied. Oregon has no statute allowing places of public accommodation to deny selling a firearm to someone over 18 years old based on their age. Reversed in part and remanded.