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    Sandwich arrest stirs debate over eating in stores

    HONOLULU (AP) — It happens daily in supermarket and convenience stores nationwide — digging into a bag of chips while waiting in line, sampling a couple of grapes in the produce section, opening a bottle of milk to appease a crying child.

    The highly-publicized story of a pregnant Honolulu mom who was arrested last week with her husband after she ate a sandwich in a Safeway store and forgot to pay, leading to the couple's 2-year-old daughter being taken away by Child Welfare Services, has sparked a national debate on the issue.

    It also raised the question: Is it OK to consume food and beverages in the store before paying?

    The woman in Hawaii who ate the sandwich has no problem with it.

    "I didn't know it was such a taboo thing," said Nicole Leszczynski who was charged with fourth-degree theft, a petty misdemeanor, along with her husband, Marcin. The charges have since been dropped by Safeway. "Where I grew up in a small town it's not seen as stealing for sure."

    Others are not so sure.

    The story generated a robust debate on Facebook and Yahoo in comments following stories on the theft. Some argued that it's wrong to eat what you haven't paid for, and that police did the proper thing in arresting them. Others said eating while shopping has become a perfectly acceptable practice. Many denounced the arrest as a heavy-handed response.

    At the Safeway where the Leszczynskis were arrested, Linda Mercado and her friend Christine Lutley didn't get too far from the exit Wednesday before they began digging into their food purchases. Mercado polished off a package of sushi as she discussed her views on the issue.

    "Pay before you eat," the 66-year-old Mercado said. "It's bad manners."

    However, Mercado acknowledged drinking beverages in the past while waiting in line.

    "I don't walk around the store drinking it," she explained. "By the time I'm done shopping I'm thirsty."

    Shoppers Gerard and Ruth Viggayan said they consider eating before paying to be stealing.

    "If you want to eat it, you have to purchase it," the 34-year-old Gerard said. "It's not like Costco where you get free samples."

    His wife was craving a bag of potato chips, but she said she would wait until they got to the car to open it. "If it looks good, we pay for it," Ruth, 33, said, "and then eat."

    Wahiawa resident Jadene Espinueva, 34, has consumed cookies, grapes and bottled water before paying. "Just as long as you're going to pay for it and you've got the money, why not?" she said. "If I'm hungry or thirsty, yeah, I'm guilty of it. I don't see what's the big deal."

    Eating before checking out has clearly become part of supermarket culture. From supermarkets to Costco handing out food samples in aisles, shoppers associate stores with being an acceptable place to munch, said Dana Alden, a marketing professor at the University of Hawaii's business school and an expert in consumer psychology and branding.

    Alden said it wouldn't be prudent customer relations for stores to crack down. He likened the acceptance of eating before paying to dropping a jar of peanut butter, but still not being forced to pay for it.

    Consumer behavior expert Debbie MacInnis, a marketing professor at the University of Southern California, said a trip to the grocery store is a familiar routine, and can be seen as a place where it's acceptable to eat.

    "That creates a certain sense of it's OK for me to do that because I'm hungry and I have every intention of paying for it," she said. "From a psychology standpoint, it's mine even though the formal transaction hasn't transpired."

    As for the 28-year-old Leszczynski, the former Air Force staff sergeant who is 30 weeks pregnant was feeling faint and famished after a long walk to the Safeway near downtown Honolulu and decided to eat a chicken salad sandwich while shopping and saved the wrapper to have it scanned at the register. But she and her husband forgot to pay for the sandwiches as they checked out with about $50 worth of groceries.

    When confronted by security, they offered to pay, but Honolulu police were called and the couple were arrested and booked. Their daughter Zofia was taken away. Leszczynski said she was embarrassed and horrified.

    They posted $50 bail each and were reunited with their daughter after an 18-hour separation.

    Honolulu police said it was routine procedure to call Child Welfare Services if a child is present when both parents are arrested.

    Safeway called Leszczynski on Tuesday and apologized for what she went through. The company also informed police the same day that it wouldn't press charges.

    Safeway Inc. said management followed routine shoplifting procedure by contacting police, but the company regrets not foreseeing that doing so would cause a child to be separated from her parents.

    Safeway said it has no policy that prohibits consumption of merchandise in the stores, "but customers are expected to be able to identify and pay for the consumed merchandise before leaving."

    Foodland Super Market Ltd., Hawaii's largest locally owned grocer, prefers customers pay for items before consuming them to avoid confusion or appearance of theft, spokeswoman Sheryl Toda said.

    "However, we do understand that emergencies occur where a child or individual needs to consume a product immediately," she said. "In those instances, we expect that wrappers or containers will be saved and presented to the cashier for payment before the customer leaves the store."

     
    • Rhonda  •  Wilmington, United States  •  6 mths ago
      How many times do I walk around a grocery store and see empty containers and bags laying around....I am sure people paid for those!!! Maybe they forgot.
    • bill  •  Santa Clara, United States  •  6 mths ago
      This is a comon sense issue and the store has an over reaction. This is like getting a speeding ticket for going 66 in a 65.
    • Robert  •  Niagara Falls, United States  •  6 mths ago
      I read once to stop compulsive shopping at a food store, always go after you have eaten. It has helped me shop and buy healthy.
      • Bill 6 mths ago
        Thank you......I always eat before I go grocery shopping....if I shop while hungry
        my bill at the checkout line is twice as much as usual.
      • Barbara 6 mths ago
        Definitely the smarter thing to do! Athough in this particular instance, the lady is pregnant and was feeling faint. Since they offered to pay for the sandwich, why didn't the store just let them pay instead of making such a big deal out of it? It was too much over-reaction, if you ask me.
      • Jon Giezentanner 6 mths ago
        If it was that bad, instead of walking around the store eating it, she could have walked up to the cash register to pay for it while she was eating it. DUH!
    • D  •  Orlando, United States  •  6 mths ago
      To the person that said he eats while shopping including grapes...could he explain how he pays for the grapes he has eaten? Grapes are usually sold by the pound.....if they are still attached to the bunch of what's you're buying! He "steals" them by eating them, getting rid of the evidence.
      • Martha F 6 mths ago
        if hes only eating one as he said he did, he im sure the branches make up for that, because we still get charged for their weight and dont eat those, so its kinda like the store stealing from us too
      • Codeman 6 mths ago
        +1 ^
      • DanielleG 6 mths ago
        At some grocery stores, the customer can weigh their grapes and print a sticker with the weight and price on them. If they then eat some of the grapes while shopping, they are already accounted for on the original weight and he will pay for them when that sticker is scanned.
    • Kc  •  Hagerstown, United States  •  6 mths ago
      iT IS ALL ABOUT YOUR INTENTIONS!!!!! I don't think it is a big deal to eat and drink as you shop just as long as you pay for the items when checking out. Why should one person ruin it for everyone? Most people intend on paying for the items..and the ones that weren't..well...probably would steal anyways. I have taken my daughter to the shoe store and let her wear the shoes while I took the box to the cash register to check-out. There is no difference.
      • Keia 6 mths ago
        intentions today aren't as valuable as they used to be.
        a "pay before eating" rule is for the sole purpose of eliminating confusion and incidents such as this. it's cool that you would be honest and pay for an empty chip bag, but many others would just as easily say that they purchased those chips elsewhere to get away with not paying.
        and though i can see how you'd equate the shoe store thing to this, even shoe stores now put ink tags on their shoes to prevent theft.
      • Rhonda 6 mths ago
        Intentions, I do not believe people just because they said so......
    • Kayla  •  Southfield, United States  •  6 mths ago
      These people obviously have no self control. If you're that hungry, before you start shopping, find something you want to eat and buy it. Then you can eat it and flash your receipt if you're asked about it..and there won't be any "forgetting" to pay. If someone eats something and doesn't have enough to pay for it, they're just going to "forget" about it. And I agree with D, how are you going to pay for grapes you've already eating? And that goes for anything that is measured by weight.
    • Liberal Patriot  •  Scranton, United States  •  6 mths ago
      I'll tell you what's even grosser and I've seen it a number of times: people "sampling" from a salad bar. Just picking up food with their fingers or even eating right off the spoon.
      • A Chantel 6 mths ago
        "Sampling" is wrong, if you don't pay for it. I assume her intention was to pay for her sandwich.
      • Fred 6 mths ago
        I've never, ever, ever seen anyone eating off of the spoon and would be horrified. Scranton must be nasty.
      • Liberal Patriot 6 mths ago
        Scranton is Disneyland compared to what you see in Meriden from what I hear.
    • Ted  •  6 mths ago
      Probably the single most important marker for success in life is being able to delay gratification. "But I was hungry" Well, it's OK to be hungry for a while.
      • Jared 6 mths ago
        Have you tried being pregnant and hungry?
      • Bill 6 mths ago
        Jared.........what does pregnant got to do with stealing and poor manners.
        Maybe a snack before going food shopping is a good idea.
      • Vet 6 mths ago
        It's the mark of a civilized being, to subordinate immediate gratification to ethics and morals. I do agree that conditions like diabetes might make an emergency - but Jared, unless this is an assumed name I doubt if you've ever been pregnant.
    • Julie  •  6 mths ago
      Grapes = no. They usually need to be weighed. The more you eat, the less they weigh, and the less you pay. It's stealing.

      How do you manage to "forget" a wrapper to something you just ate? That should be the first thing to go through the checkout.

      I've never eaten while walking around the grocery store but, I also don't see a problem with doing so as long as it gets paid for afterwards. I used to see it all the time - empty candy wrappers and juice boxes for kids.
      Some people need to: young children, people with diabetes/other illnesses, etc etc.
    • OuterLimits  •  6 mths ago
      I have diabetes, and usually I plan pretty well, but there has been a time or two when I absolutely had to open a juice in the store and drink it on the spot. Eating a whole sandwich, though...that's a little different. Doesn't sound like a real urgent urgency emergency situation to me. I don't know how you can eat a whole sandwich and then "forget" you ate it.
    • PJ  •  Montpellier, France  •  6 mths ago
      First off, she was pregnant and had #$%$ sandwich. We're not talking about a person who walked out with #$%$0 video game. I agree, maybe the best way to avoid this situation would have been to go to the registers, pay for said sandwich, then continue shopping with the receipt. When I worked at a grocery store, people would eat things, and leave their empty wrappers all over the store to try and "hide" them. The store loses money that way. Things like vegetables and fruits need to be weighed at the register, so don't eat those in the store. People who eat and don't pay make it difficult for everyone else. If you pay for it, then it's not that big of a deal.
    • Black Propaganda  •  6 mths ago
      people are missing the point. the moral lesson here is that you should pay before consuming anything to avoid confusion or embarrassment later on. it's plain and simple. don't do the crime if you don't want to do the time.
    • north  •  6 mths ago
      It's called self control and common sense, both of which are in short supply now days. We have become a nation where no one wants to be responsible for their own actions- smakers sue because the cigarettes they chose to smoke made them sick, diners sue because the hot coffee they just watched be poured steaming into their cup burned their mouth, shoppers sue because the store arrested them for not paying for what they ate in the store. Don't want to be arrested, don;t eat it if it's not paid for. Personal responsibility- this was no ones fault but the ones who chose to eat something they hadn't paid for. The store had no way of knowing what their intentions werre and EVERYONE who gets stopped for shoplifting will immediately scream "I want to pay!" to keep from being arrested. Bet these people learned not to eat the merchandise without paying!
    • 4G2  •  6 mths ago
      Eating something you didn't pay for is, at best, ill-mannered; where you were when you ate it is irrelevant, i.e., in the store or out. You always run the risk of forgetting to pay for the item, especially if you consume it at the beginning of a long shopping spree. Arresting the couple may have been over-kill; it's easy enough for the officers to run the couple for any wants, warrants, probation violations, or arrest records. If they're local and clean, take their address, make them pay for the food, ROR, write the report, and let the DA decide whether or not to charge them. Having their 2-year old taken away by CWS is definitely over-the-top; the i-diot who authorized this or allowed it to happen should be fired. Why were both arrested? If the wife ate the sandwich, she alone should have been arrested (which I still don't agree with) while the husband/father takes care of the child. Not a smart move by either the police or Safeway; as the manager-on-duty, after calling the police, he/she should have given the couple the benefit of the doubt, ask them to pay for the sandwich, shake hands, and say 'good-night'...another i-diot move that leads to bad publicity.
    • Kelaiah  •  Memphis, United States  •  6 mths ago
      I don't see the big deal about opening the smaller drinks as long as you pay for it. I once saw a sign for it actually. Said something like, "Drink as you shop. Pay at check out."
    • north  •  Traverse City, United States  •  6 mths ago
      You pay and THEN you eat! If I just can't wait for that pop or that candy it gets paid for before it gets opened and I don't need it THAT bad. I raised my sons to know that it was wrong- stealing- to eat something in the store that wasn't paid for. They were expected to wait for their treats and if they thre a fit the treat didn;t get bought. I myself have seen too many times someone eating while walking around and then burying the wrapper in their cart only to "forget" it at checkout. I have turned people in for it! Stealing is stealing, no matter what your "intentions" were. Pay first and then scarf. My food dollar buys less and less in part because of these kind of people. We are ALL paying for her sandwiches! (And why did her husband need one so bad?)
    • EddieG  •  Hollywood, United States  •  6 mths ago
      Three points:

      1. You really shouldn't be opening or using any product in a store (not a restaurant) before you've paid for it. There might be some exception, but until you've paid for it, it's not yours. (It's even worse if the item is something you buy by weight.)

      2. If for some reason (health, screaming child, etc.), you decide to eat your food in the store, put the wrapper IN THE CART, not in your pocket.

      3. The store was TECHNICALLY right to detain this couple for shoplifting...but they did overreact. The store should have given them the benefit of the doubt and let them pay.

      So to recap, the couple was wrong to eat in the store, and what they did was technically shoplifting, but was it really necessary to call the police over a couple of sandwiches?
    • rar  •  Monroeville, United States  •  6 mths ago
      if you see someone doing this in a store and just watch them for a bit you will see that they basicly don't give a crap that what they did is wrong and believe me they know it was wrong
    • robert  •  6 mths ago
      I have seen people sample grapes at the store where I shop. Also have seen people reading magazines. There is a place to sit so the people take the magazines and papers from the rack, read them, then return them. I would not have the guts to do anything like that. Years ago if you broke a bottle in the store you had to pay for it, now all they say is oops.
    • K  •  Sacramento, United States  •  6 mths ago
      As someone who worked in a grocery store for two years, take it from me, it's not okay and it's not acceptable. I can't tell you how many times people in my store would open something before paying and then realize when they got to the counter that they forgot their wallet or their card gets declined, etc. And then what? The worst are the customers who will grab an apple from the produce section, eat it while shopping and then hand you the core at the register and expect you to ring them up for it despite the fact that most produce items are priced based on WEIGHT and basically what you just did was stealing.

      It's incredibly arrogant and rude to pull such a stunt and customers like that were mine (and all of my co-workers) least favorite. If you want to avoid an incident like the couple in this article DON'T EAT THINGS BEFORE PAYING FOR THEM.
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