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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
Kathy  September 22, 2009, 2:21 PM

I can’t believe child services took those babies away from their parents! I have photos of my boys in the tub when they were young. I always took photos of them surrounded by bubbles - I scrapbook and they are so darn cute. Granted, we all do not know what these photos look like but it sounds like there had never been any reports before about this family and I don’t think they would have left them to be developed at Walmart if they thought they were questionable. I’m sorry for this family.

Amie September 22, 2009, 3:12 PM

Just Another Reason To HATE Walmart!!

robin September 22, 2009, 4:01 PM

That is just beyond ridiculous. Everybody I know has pics of their babies in the tub.

Shante September 22, 2009, 5:15 PM

at first thought I would say everyone takes pics of their kids in the tub, but after thinking about it I’ve come to the conclusion that it’s better safe then sorry. their must have been something alarming about the photos, being that they were held up for a month. if they looked that innocent the police would have turned them over right away, but something made the police cautious and cps as well. people are always the first to say why are you taking precautions with me I’m innocent. failing to realize they are a stranger (how would i know you’re innocent) and that criminals will say the same as well. how do we know unless we investigate. I’m sure a lot of pedophiles think that images they take aren’t pornographic as well and would love to get their hands on a bath time photo. So in conclusion majority of bath time photos are innocent but their are a nasty few who make them not so innocent…who is to judge whats innocent or not?

Anonymous September 22, 2009, 6:05 PM

I would have to say its always been that way. you can not take any nude photos of children of any kind. why be mad at walmart for doing there job. there is so much child porn now days its ridiculous, if they were innocent then there would be no charges and all is done. but what if some turns some pics to be developed and its a child predator and they give him the picks and later down the road he is arrested,, i tell you right now walmart would be getting sued for developing them by the childs parents. i say get over it be glad they are cautious and suing walmart is ridiculous law suit its all about money and not your pics!

Rachelle September 22, 2009, 6:09 PM

The person who decided to call the police should be held accountable, so yes, Walmart bears some responsibility. However, “indecent” is so different to so many different people,there’s not much that can really (or should) be done to Walmart. At least that’s my opinion. I SAW the actual photos on The View today & they were absolutely innocent! I believe 99.9% of the problem lies with the police and Child Protective Services for acting without taking the proper steps. THOSE are the people who need to be sued!!!

lady distinctive September 22, 2009, 6:16 PM

Absolutely rediculous of WalMart!

Anonymous September 22, 2009, 8:27 PM

Amerika is a sick country. This wouldn’t have happened in Germany.

Tammy September 22, 2009, 8:31 PM

Wal mart was out of line. I had a pic of my son in the tub. I actually cut the private part out so it wouldn’t embarrass him. I was taking the pic to show him with his new tub toys. Innocent. SUe them

Mel September 22, 2009, 9:00 PM

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.

Amanda September 22, 2009, 10:27 PM

I think Wal Mart is at blame, I mean people take pictures of their kids in the bath tub all the time.. And I mean seriously.. I’m sure you could tell what was going on in the picture. And i’d think the police would of at least had more common sense. If these pictures were obvious bath time photos, then the Wal Mart developing staff needs to be checked out, I guess some people aren’t even qualified to work at Wal Mart.

Katrina September 23, 2009, 5:44 AM

Well, I DO have children. Three of them. I am also a survivor of childhood sexual abuse.

With that being said, I think Wal-Mart was WAAAYYYY out of line and I would also be suing. Parents have seriously come under attack. Every move we make is under microscope.

Now, there needs to be judgement. And without knowing what the pictures actually were, it’s hard for US to know what realy happened. Assuming they were the same bath photos EVERY parent in America has, then Wal-Mart definitely needs a law suit. This happens way too often to the point that parents are afraid to do anything.

Beth September 23, 2009, 5:57 AM

The fact that the children were taken from the parents is ridiculous! People take pics of their young children at play and in the tub. If the pics were of a sexual nature or the children were considerably older or if all the photos were nudes I could see someone becoming concerned; however who doesn’t know someone with bath time photos of their child? Many of us have probably seen bath time photos of ourselves and our siblings at some point in our life as well! This is just another show of people wanting too much control over individuals they aren’t involved with!

Bigmamma September 23, 2009, 6:22 AM

Has anyone there ever heard of baby’s first bath pictures??? HELLO!!! They obviously weren’t of their first bath but c’mon. I have actually been concerned about this happening to me because of idiots like this employee..who I bet didn’t even have kids!!

ROGO September 23, 2009, 6:44 AM

I guess in this sick day and age, everyone jumps right to the bad stuff. I consider myself a great parent and I admit, I used to take photos of my kids in the bath, also! THey are great photos…having fun in the bubbles. I think this was a mistake on WalMarts part. The charges need to be dropped and WalMart should issue a public apology..not to mention other things!

morekare September 23, 2009, 8:25 AM

Wal-mart did the RIGHT thing. The photos must have been sexually explicit if the police saw them and still took the children away from the people who took the photos. Nude photos of little girls are a touchy subject, obviously, in this age of child porn.

Kara September 23, 2009, 8:42 AM

My 3 yr old is naked 90% of the day! It’s nearly impossible to keep clothes on her! The only photos I really get are naked ones.

Lisa @ Boondock Ramblings September 23, 2009, 10:13 AM

I think Wal-Mart was wrong. If those kids were just in the tub then what is the issue. If they were doing something disturbing or in sexual positions, OK. but just in the tub?! No way!

AJ September 23, 2009, 11:09 AM

I think this is ridiculous. Yes I understand wal-mart taking precautions, but a few pics of your children in the tub COME ON!!!! Anyone on here who has children and say they dont have pics of them in the tub are lying. I think the parents have every right to sue walmart. If someone made a bigger deal out of a few pics and my daughter got taken away from me for even a day, i would do the same thing!!!!! I hope thy win.

Just Me September 23, 2009, 1:50 PM

I have seen the pics, on the web with the childrens faces cover. Walmart and the Police and Social Service, where wrong. They are very inocent family photos.

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