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Parents Sue Walmart Over Kid Bath Pics

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Were they out of line?

wal-mart store

Let's say you take some pics of your kids (ages 1½, 4, and 5) at bath time, and then you go have them developed at Walmart.

The Walmart employee sees the pics and calls the cops on you for child porn. Your kids are taken away and you don't regain custody for a month.

That's exactly what Lisa and Anthony "A.J." Demaree of Arizona say happened to them ... and now they are suing Walmart.

Richard Treon, the Demarees' attorney, said the seven to eight bath- and playtime photos of the girls were only part of the 144 photographs from the family's vacation in San Diego.

"There was nothing sexual about it," Treon told WTOP. "This is a parent's worst nightmare."

The couple has filed two lawsuits, one directed at the State Attorney General's office, the City of Peoria, and the state of Arizona. The other lawsuit is directed at Walmart, headquartered in Arkansas.

Do you think Walmart had a right to turn the bath-time photos over to the police? Comment below.

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176 comments so far | Post a comment now
Dani September 22, 2009, 7:04 AM

I do feel sorry for the parents what happened to them and their children was not right. However I do not believe that walmart should be held liable just because they are a billion dollar company people say sue. That right there is what’s wrong with this country we are too sue happy just because there was a wrongful accusation its not the companies fault they were doing what they thought was right. Yes I have children and I also have pictures of them while they are in the bathtub I think its just a normal thing for parents to do, but with so many perverts out there in todays society its hard to say what is right or wrong. I don’t believe that walmart should be sued for doing this and by the way it wasn’t walmart it was a walmart employee and I am sure you won’t sue that person because they don’t make the billions of dollars am I right?

motherof3 September 22, 2009, 7:12 AM

This is a joke. Anyone can tell the difference between pictures of normal children playing in the bath or anywhere and pictures that are not. As a mother of 3 I have pictures of all my children playing in the bath at one time or another. This is just sick and behalf of all parents who have done that, I hope they sue the hell out of walmart. I also hope that woman never has a baby, not one that is cute enough to want to even take a picture of it eating.

JulieF September 22, 2009, 7:14 AM

It’s pretty stupid. People have been taking tub playtime pics for years of small kids.

Ever see diaper commercials? You see more bare baby than a typical family baby in the tub picture. Why aren’t the diaper companies banned from showing bare bottoms? Because it’s NOT porn. And for anyone who say’s it isn’t porn until some perv is touching himself over it- I used to help catch pervs in Yahoo chatrooms- they’ll touch themselves over SCHOOL pictures.

Child services has to take a certain amount of time in any case. I have an autistic daughter who has a large birthmark on her back that a school nurse in my child’s new school had never seen. The woman first said it was a rash, then claimed it was a bruise. It took Child Services 1 home visit and 6 weeks to check over doctor records to determine I wasn’t lying and that the birthmark WAS a birthmark!

They have a set period of time to investigate and because of all the cases that are reported, they need that time to ferret out which ones are real and which ones are groundless, sadly.

russrpm September 22, 2009, 7:22 AM

Depending on local law, the business may have no choice but to report to the authorities. A lot of jurisdictions passed these kinds of laws in the 1980’s during the satanic cult scares and they are still on the books in some places.

Barbara Eubanks September 22, 2009, 7:33 AM

I think if people take naked or half naked pictures of their kid’s they should have a camera that you don’t have to take to the store to have developed.

Mellie September 22, 2009, 7:36 AM

One topic being overlooked here is the fact that ANY photo processing lab is required by law to report photos that may involve the exploitation of children. Because this event took place at a Wal-Mart photo lab is really not the issue. The employee could have just as easily worked at a Ritz Camera or any other photo store. To me, it really seems blame should instead be placed on the government agencies that allowed children to be removed from the home of innocent parents. This is just the humble opinion of a mother who has not seen these alleged photos.

Joy September 22, 2009, 7:36 AM

One of my favorite pictures of my daughter is when she was trying to stand up in her baby tub. She’s mooning the camera. I guess I’m just a bad parent. Either that or Wal-mart still sucks. My bets on Wal-mart.

butterflyeffect September 22, 2009, 7:47 AM

Really!? Really!? Every and I mean EVERY parent takes pictures of their kids in the bath. I hope they can live extremely well for the rest of their lives once they are done with Walmart.

pdogg September 22, 2009, 7:47 AM

Taking picture of a kid in a bath tube is ok, unless of course your telling your child to pose and touch parts that aren’t suppose to be touch. Maybe that walmart employee saw it in a different way. The employee could be right or wrong either way, we haven’t seen the pictures yet.

sweetirislady September 22, 2009, 7:48 AM

I would be so highly upset if that happened to me. I am 53yr. & I did that alot with my kids. But see it goes to show how times have changed. There was no computers, cell phones, e-mails, or any of this stuff. Therefore no child porn, or else it wasn’t known as popular as it is now.

Stacey September 22, 2009, 7:51 AM

What is so crazy about this is that, here in NV one can call social services for very obvious abuse, numerous times, notihng gets done. One Wal-Mart employee thinks that a couple of pics of children taking tubbies is porn and they lose the kids for a month. What is wrong with society that the states cant get their crap together enough to see real dangers. The children that I mentioned above are my niece and nephew who have since been raped by their father and abused so horribly that they are in therapy because this state saw nothing wrong with a couple of bruises. In general, sue the F out of Wal-Mart I got your back 110% of the way.

Vicki September 22, 2009, 7:59 AM

I think it all goes back to common sense, and that is something that seems to be non-existant any more. Come on people, let’s try to use common sense. If you try really hard, you might find some.

Fed Up September 22, 2009, 8:06 AM

Walmart has no more brains than children sevices. Let’s remember children services let the girl be held captive for 18 years because they did not know how to do their job. The person at walmart if the truth be known just wanted to see what they could stir up and sit back and watch all hell break loose. Probably some kid with no knowledge at all just for kicks. Children services will drag this out forever and try to make a big deal out of it because they have been getting a lot of bad press and the family with the pics will suffer. I am sure that this family has gotten other pics done at walmart before and this is not the first. Anonymous should stay that way as you have no brain to know which end is up. It’s like my grandma told me mind your own business. In this day there are more and more people who just do things to stir it up and cause trouble. They do it for fun. My money is on this. Will anything happen to that person if this is what is found to be the end result, oh no he/she was just looking out for the child oh bull pucky, throw the book at’em. the next time they will know right from wrong.
This family should sue the pants off the whole mess including the person that turned the pics in.

Casey September 22, 2009, 8:06 AM

I don’t have children but I work with them. I sympathize with the parents.

However, if you take the emotion away and look at things logically, I feel most people would say that if anything even remotely questionable comes up in regards to children, there is no such thing as over-reacting. Better safe than sorry, right? As pissed as I would be if it were my kid, I would take some solace in knowing someone was looking out for them. If someone else had naked pics of my kid, I’d want Walmart to report them. How were the employees supposed to know the kids belonged to the parents, etc.?

I find more fault with CPS of Peoria than Walmart. I can see why the Walmart emloyee might be concerned. But after doing a home visit and hearing the parent’s explanation, I think they should’ve closed the case rather than torturing the kids by removing them from their home for a month.

I guess at the end of the day I don’t see this as a black and white issue.

Anonymous September 22, 2009, 8:19 AM

The ladies on The View are first talking about it today.

LK September 22, 2009, 8:26 AM

Unbelievable! Children are given back to(or never taken from)abusive parents on a daily basis, only to be beaten and sexually assaulted. Then you have good parents doing “normal” things with their children and they get them taken away! Who didn’t take photos of kids in the tub - they are so adorable! I guess I should be arrested along with all of my friends and family!

Linda September 22, 2009, 8:28 AM

As a parent I can appreciate the concern over child porn and abhor any thought or idea of this exploitation and abuse. However, I have hundreds of pictures of my children in various stages of nakedness over the years. They decided one day that they were going to paint each other and did. It was not only amusing but beautiful. Does this mean that I cannot take a picture of this moment in my childs life for fear that someone is going to think that I am abusing my children or that this is child porn? I think picture developers need to take the pictures in context of what they are and not just jump at a naked picture and say that they believe it is porn. Shame on WalMart.

cahrmm September 22, 2009, 9:02 AM

I have pics of my 2 boys in the bath u can’t see there privates but who doesn’t have a pic of there kid in the bath its cute. I just think this is going way to far.

granny September 22, 2009, 9:07 AM

Come on; do you really think that someone who is actually taking porn pic would take it to a public forum to be developed? I hope Wal-Mart lose big time over this cuz the local Wal-Mart here took pictures of my grandchild in a pail. She had just her diaper on, but you wouldn’t know cuz you can’t see it, these were professionally taken at their store. What’s the difference? If I had taken them, would you arrest me being that you can’t tell she had her diaper on? Double standard here. Oh, I forgot, it’s left up to individual interputation. Well they’re representative has cost them a law suit.

Dana September 22, 2009, 9:18 AM

This is just outrageous. I knew it was coming though. Just plain crazy…and no Walmart didn’t have a right.

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