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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
Ben from Baltimore September 22, 2009, 9:21 AM

Does anybody remember Robin Williams in the movie One-Hour Photo? I can picture his character as the Wal-Mart clerk. These are innocent childhood photos. I have a half dozen of photos similar to these of my 6 year old half sister that my stepmom has taken over the years in a photo album upstairs. Most people have had to have seen the Wal-Mart TV ad of the kid getting out of the bathtub and her mom wrapping her up in a towel? They need to tape record this ad off of the TV and use it against Wal-Mart in court. Wal-Mart supports a country that oppresses free speech and wants to do the same here? What a bunch of hypocrites.

Anonymous September 22, 2009, 9:27 AM

in a way ya i feel bad for both of them but really look at all the pictures before you think that its child porn i can see if the whole album was of naked cildren then ya call the cops. But if the pictures of are the family on vacation and there is only a couple of pictures then obvoulsy there NOT child porn.Common sence people

AJ September 22, 2009, 9:28 AM

I doubt Walmart employees are qualified enough to make a decision about a nude photo of children being pornographic or not? But the state?! Please….taking your kids away for a month. I owuld be devastated.

Cheryl September 22, 2009, 9:42 AM

As another person said above, “who doesn’t have pictures of their kids in the bath?” If they were purely innocent pictures, then, no Walmart should not have done what they did. As a mother of 2 daughters, it would put me in the looney bin if I lost my precious daughters over something as absurd as this. The Walmart employee was way out of line; but where was the manager? Someone at walmart should have had enough sense to realize that the pictures were taken lovingly and innocently. Kudos to the parents for standing up and doing something about it! Having said that I am all for the worst punishment for child porn or abuse of any kind.

Briana September 22, 2009, 9:47 AM

I would have to see the pictures but if they were innocent, I think the parents are right to sue. Though, Walmart probably has a policy on what is questionable to report…from there it is up to the state and prosecution to decide if it is a offense….did they get convicted? This story really leaves out alot of information! I need more details to make a informed decision!

anna September 22, 2009, 9:53 AM

OK lets get real, I hope they win….I have MANY pics of my son in the tub, he is 14 now and can say for him self he was never abused! I am not to sure why someone would be alarmed of a nude child in the tub, I think we all get nude to get into the tub! a nude child in a pool, well that would be a different story….or the pics in the tub looked like you find in hussler….these kids life has been interupted for what? A walmart employee with nothing better to do how sad! I being a survivor if molestation am discusted anyone would waste the police time for this and intrupt the childrens life for something so innocent!

bw September 22, 2009, 10:10 AM

The children were taken away from them for more than a month!!!!!!!!!!!!! I hope they win this case. This is so CRUEL AND RIDICULOUS.

Stephanie September 22, 2009, 10:16 AM

I live in the same town as this family and they showed the photos on the local news. There were no genitalia shown. They kids were wrapped in towels and showing less than they would in a bathing suit. This is ridiculous.

Anonymous September 22, 2009, 10:31 AM

I don’t think that a right to turn over the pics. Esp. seeing how they didn’t have but 7 or so bath pics out of 144 pictures. I def. agree with the family under these circumstances!

Laura  September 22, 2009, 10:56 AM

I really think the employer could tell the difference between innocent bathtime pictures & porn. Every parent has bath pics of their kids or the baby lying on a rug with no diaper on. They really messed up this time.

Kelly September 22, 2009, 11:02 AM

that makes me second guess going to walmart to get my picture of my son done there. i sorry that it had to happin to those parents

joany September 22, 2009, 11:24 AM

I have watched a movie like this situation and since I saw that movie, I avoid developing pictures like that in any site or store because I know it will be risky. Suing Walmart is really the right thing to do. They invaded privacy of this family.

Silver Fang September 22, 2009, 11:24 AM

This is why I would never use a film camera and get my pictures developed by anyone anymore. Too many idiots are eager to turn you in to the cops and get your kids taken away on the flimsiest of pretenses. Use a cell phone camera. Use a digital camera and eliminate the middle man.

AreUkidding September 22, 2009, 11:46 AM

For those of you posting to this saying Walmart was right about this. YOU Have got to be Kidding me.. These are innocent pics of a familys kids. And for you to say it should be reported.. Get a Life and look at reality..

Nicole September 22, 2009, 11:51 AM

I think we have more problems in this world today, instead of taking away someons kids cause they want to capture a special moment with a camera. For those of you who agree with Walmart. Maybe you should crawl under a rock with the rest of the worms there. If you want to report me I have tons of pics of my kids.. WAKE UP OUT THERE!

Catherine September 22, 2009, 12:56 PM

This is another unfortunate story of C.P.S. following through on a baseless case, ruining families. C.P.S. has gotten out of control and it’s all about how much money they get for their “services”. And, yes, I’ve studied several cases of this crud. The investigations are poorly conducted from day one, and thankfully, in this case, it only took them one month to figure out they made a mistake…but they probably didn’t even admit it was a mistake. They never do. I’m sure they’ve brainwashed those kids and they’ll be a mess for a long, long time. It’s time C.P.S. is made responsible for their incompetency! (Google “CPS” and “ruining families”) They’re out of control and have complete immunity for their actions. Very wrong.

catwoman September 22, 2009, 1:01 PM

The main reason they are suing walmart is because there was no notification to customer’s that they would be reviewing the photos for questionable content & calling the authorities if they felt there was reason to suspect wrongdoing. That would give the customer the opportunity to decide, knowing the content, if they wanted to still leave the photos for developing. Bet they’ll buy a digital camera after this!

Anonymous September 22, 2009, 1:40 PM

absolutely ridiculous! Obviously you would look at all of the pictures as a whole and make a determination. This is yet another instance of the government taking more control over our lives. Pretty soon we will have no more personal control. What parent doesn’t take bathtub photos of their children? Now parents have to worry about losing their kids if they take these innocent type of photographs. These children were traumatized by being removed from their parents. These parents were traumatized by their children being removed from them. I hope they become multi-millionaires over this stupid employee’s total lack of judgement. Let’s not forget the stupid police who decided to get involved. Can you imagine how many children out there would be removed from their parents if this sets a precedence? Thousands, maybe hundreds of thousands and than what? What is the government going to do open up a prison sized orphanage to house them all?

MamaL September 22, 2009, 2:15 PM

Seems to me it depends on how the person looking at the photo felt…If there was any doubt, wouldn’t you have used a digital camera or a more reputable developer?

I’d be more concerned about the type of employees that are hired at WalMart, especially if someone thought they were truly pornographic.

Gina September 22, 2009, 2:19 PM

WALMART SUCKS!!! I hope you win the law suit, you’ll have my support plus millios of other parents who have taken these kind of pics of their own children! Why don’t they go after the real criminals!

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