• The shelving is modular and can easily be rearranged, so there is no "need" for the products to be on the top shelves.
  
  
• There are age-restricted products (not recommended for under 3 year olds) on shelves lower down than the Beyblades, so there is clearly no health and safety issue.
  
  
• The products are not arranged in any particular order, meaning customers have to sort through them to find the Beyblade they want, but because the products are so high up, parents now have to do all the sorting for their kids.
  

Quote:Age Discrimination Act 2004
28 Goods, services and facilities

It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person’s age:

a)  by refusing to provide the other person with those goods or services or to make those facilities available to the other person; or

b)  in the terms or conditions on which the first‑mentioned person provides the other person with those goods or services or makes those facilities available to the other person; or

c)  in the manner in which the first‑mentioned person provides the other person with those goods or services or makes those facilities available to the other person.

• Average height of 8 year old boys: 128.00cm
  
  
• Average height of 8 year old girls: 127.50cm
  
  
• Average height of all 8 year old children: 127.75cm
  

1. Reduce the display height of all Beyblade Burst products to a maximum height of H:150cm.
   
   
2. Organise Beyblade Burst products by individual product code, so they can be identified from a distance when hanging on bar-hooks.
   

(Sep. 10, 2017  8:14 AM)mj9 Wrote: This is bad back during the MFB series came out I always went to Kmart even though it was further than other places like target as they were usually a wave or 2 ahead then any other store

What went through their heads when they stocked them

(Sep. 11, 2017  1:29 PM)Yblader1 Wrote: Perhaps they aren't discriminating but just stack them above cos they are less popular than items they put on the lower shelves. I love beyblade but I gotta admit that our base is heavily overtaken by pokemon and yugioh fans, which I'm also a fan off. I mean at least your one has beyblades. I have to travel miles to toys r us only to have tornado battlers as the only product there.

(Sep. 11, 2017  2:05 PM)FIREFIRE CPB Wrote: I noticed something similer in shops here too. Beyblade are placed pretty high above what most children (and maybe adults) may strugle to reach. Strange shops are doings same things here too.

Even in toys only store its same. Though strange thing was more expensive toys like RC toys were placed lower on floor.

(Sep. 12, 2017  12:32 AM)Hyper xeno Wrote: I agree

(Sep. 12, 2017  2:28 AM)malinoz01 Wrote: Ironically, I went to my local Kmart today. Beys have been moved from up high to bottom shelving.

(Sep. 12, 2017  3:45 AM)thoriumRing Wrote: As unpleasant as it is to consider, the ease at which someone may steal probably comes into play, and also probably part of the reason Hasbro has requested that height (if true). Beyblade products are small and would be easy to pocket even in their packaging.

(Sep. 12, 2017  3:30 AM)Beylon Wrote: [quote pid='1392893' dateline='1505179695']
Ironically, I went to my local Kmart today. Beys have been moved from up high to bottom shelving.

(Sep. 12, 2017  11:09 AM)1234beyblade Wrote: I really don't see the problem here, what 10 year old or younger goes to the toy section without their parents.  I wasn't allowed to go to the store alone until I was about 12 and I'm sure one would be tall enough to reach the beys at 12 unless you're Clara money, sorry Clara no beys for u.

Not only that but honestly you don't need to touch the beys to see what they have or whatever, just look at them from the side and you know everything that's there.  Worse case scenario if you're Clara you call one of the employees to pick out the specific thing you want, but since this is about kids younger than 10 their parents are most likely there anyway.

It's similar here in Canada kids can only reach about the first or second row of the beys, everything else is too high for them lol.  I think this is an over reaction... 130cm... That's like every toy store here in Canada that does this...

If it was something along the lines of a 5 foot (150cm) person not being able to reach I would see it as a problem.  And tbh a picture would help rather than raw numbers.

• The managers were not aware of the Age Discrimination Act 2004 but they seemed to accept that I was.
  
  
• They did not want to move the displays down the shelf.
  
  
• They argued against my moral logic. They said moving the Beyblade displays down would mean moving other products up, presenting the same problem for those other products. I reminded them that the basic issue was a civil one (not criminal) and that there could only be a legal problem if a complaint was raised - and nobody had complained about the other products yet. I also informed them that competing stores (such as Myer) were accustomed to placing all their toys on lower shelves, that to do so was commendable and that Kmart might like to consider this option to avoid problems with their other products in the future. I did make it clear that I was not concerned about the other products and that my complaint was limited only to Beyblade.
  
  
• They said the issue was resolved because 8 year olds usually shop with their parents. I explained that this did not make any difference under the law. Forcing 8 year olds to buy through their parents is unfair on both the 8 year olds (legally) and the parents (practically), considering there is an easy solution to the core issue.
  
  
• They said that Kmart had an arrangement with Hasbro where Hasbro would pay Kmart to place Hasbro products on the top shelves for better publicity. I argued the practicality of this arrangement but I also reminded them that the law makes the retailer responsible, not the supplier or manufacturer. Kmart would be legally obliged not to enter an arrangement of that kind with Hasbro under the circumstances. They suggested I contact Hasbro, which I did.
  
  
• Finally, they said that store layout and design was controlled by "head office" and that they were not entitled to make such changes in their store without approval. I asked who I should talk to at "head office" and they gave me a phone number to call. Later that day, I called the number and talked to a representative who allowed me to make a written submission, which I did.
  

Quote:Placement of product in stores is a Kmart function and decision. Every store is different and it will vary store to store.

(Sep. 12, 2017  8:59 PM)1234beyblade Wrote: Well even if an 8 year old shouldn't have to ask someone to get the thing for them... What do you say about a dwarf... They definitely won't be able to reach beyblades... Life's just not fair lol, and realistically speaking I doubt the store will care, no offence.

Just my opinion though don't mean to start ?.

(Sep. 18, 2017  3:42 AM)S34_5O_N Wrote:

(Sep. 12, 2017  8:59 PM)1234beyblade Wrote: Well even if an 8 year old shouldn't have to ask someone to get the thing for them... What do you say about a dwarf... They definitely won't be able to reach beyblades... Life's just not fair lol, and realistically speaking I doubt the store will care, no offence.

Just my opinion though don't mean to start ?.

Welcome to 2017, where people can get offended over TOY product placement (yes, you read that right, people are getting offended over the shelf height of certain toys)


I cracked up reading this thread, it's so ridiculous to the point where I'm actually impressed at the amount of effort this guy put into the petition

P.S. Love you and your vids man, keep them coming <3

(Sep. 18, 2017  11:39 AM)Jimmyjazz39 Wrote:

(Sep. 18, 2017  3:42 AM)S34_5O_N Wrote: Welcome to 2017, where people can get offended over TOY product placement (yes, you read that right, people are getting offended over the shelf height of certain toys)

he's not offended. he knows the law and wants beyblade to become as popular as it once was. keeping beyblades on high shelves deters kids from buying them. obviously his argument would be ridiculous if there was no law directly supporting it

Kmart Wrote:Kmart is committed to creating an inclusive culture, where all members of its team, customers, contractors and suppliers feel welcome and respected, irrespective of gender, ethnicity, nationality, age, ability, sexual orientation, or appearance.

Kmart Wrote:Our People goals are to:

• Create an inclusive culture
  
• Help our communities thrive
  

Kmart Wrote:Create an inclusive culture: further development of attraction and retention strategies for women in leadership roles, people with disabilities and Indigenous team members.

Samantha Smith Wrote:Why wld u put a catalogue of retardation when there is enough problems in this world to have be reminded of retarded children I don't mean to sound cruel but they don't belong in a magazine for sure they need help not been shown to the world of their retardation and scaring normal children how they are why I told my daughter that we won't go shopping there anymore as she was scared of the children why I won't support Kmart or target anymore

WBO Wrote:The following is not permitted in the WBO community:

• Racist, homophobic or otherwise discriminatory language
  

(Sep. 19, 2017  1:49 AM)Beylon Wrote:

(Sep. 18, 2017  11:39 AM)Jimmyjazz39 Wrote: he's not offended. he knows the law and wants beyblade to become as popular as it once was. keeping beyblades on high shelves deters kids from buying them. obviously his argument would be ridiculous if there was no law directly supporting it

Jimmyjazz39 nailed it here. I mean, yeah, it really is 2017 and people still think discrimination doesn't matter (which doesn't even deserve a response) but the real issue here is that it's physically restricting Beyblade sales in my home town. Which sucks. For everyone.

In a public statement, Kmart has said:

Kmart Wrote:Kmart is committed to creating an inclusive culture, where all members of its team, customers, contractors and suppliers feel welcome and respected, irrespective of gender, ethnicity, nationality, age, ability, sexual orientation, or appearance.

Kmart introduced its Better Together: People, Partners, Planet initiative in 2015. As part of the "people" objective, Kmart has said:

Kmart Wrote:Our People goals are to:

• Create an inclusive culture
  
• Help our communities thrive
  

But in fact, Kmart outlines the 2016-17 goals for the initiative slightly differently:

Kmart Wrote:Create an inclusive culture: further development of attraction and retention strategies for women in leadership roles, people with disabilities and Indigenous team members.

The issue of age discrimination against customers is not a top priority for Kmart. But this is not to say that the Better Together initiative has not had some profoundly positive effects. A collaboration between Kmart and Starting with Julius is a textbook example, with a candid look at the results on the project webpage. A recent video highlighted the benefits:

Media coverage of the project makes it pretty clear that inclusivity can have a wildly positive effect on customers, communities and brand identity. Particularly in a world where people can still treat equality like a joke, as seen in the comments of this coverage of the project:

Samantha Smith Wrote:Why wld u put a catalogue of retardation when there is enough problems in this world to have be reminded of retarded children I don't mean to sound cruel but they don't belong in a magazine for sure they need help not been shown to the world of their retardation and scaring normal children how they are why I told my daughter that we won't go shopping there anymore as she was scared of the children why I won't support Kmart or target anymore

There are plenty of Samantha Smiths in the world. Luckily, the WBO has cracked down on this kind of thing since before living memory. The WBO community rules specifically say:

WBO Wrote:The following is not permitted in the WBO community:

• Racist, homophobic or otherwise discriminatory language
  

Whether the comments calling this thread "ridiculous" are discriminatory is up for debate - but this is not a political discussion and I don't want it to become one. We simply have a situation here where the "all ages" aspect of "connecting Beyblade fans worldwide" is being negatively impacted in my home town by something as simple and fixable as the shelving design at my local Kmart.

Clearly Kmart has an inclusivity agenda. Clearly inclusivity is good for everyone. Clearly Kmart could fix this problem overnight. So why should the target Beyblade age group struggle just to buy the toys? What exactly is the hold-up, Kmart?! Help me fix this, guys - why else would you post in this thread?

(Sep. 10, 2017  8:03 AM)Beylon Wrote: This has been bugging me for a while. Basically, I live in Australia and my local Kmart puts all its Beyblade products on the top shelves so that kids cannot reach them. There are a thousand excuses Kmart might have for doing this - such as stopping kids ripping products off the shelves and scattering them all over - but the practice unfairly disadvantages kids who have no intention of ruining the display. Some other things to consider:

• The shelving is modular and can easily be rearranged, so there is no "need" for the products to be on the top shelves.
  
  
• There are age-restricted products (not recommended for under 3 year olds) on shelves lower down than the Beyblades, so there is clearly no health and safety issue.
  
  
• The products are not arranged in any particular order, meaning customers have to sort through them to find the Beyblade they want, but because the products are so high up, parents now have to do all the sorting for their kids.
  

The practice helps no one and displays only contempt for young people. So I am making it my business to slap this stupid practice in the head and use my considerable power as an adult to legally force Kmart to change its Beyblade display. Kids should be able to buy their own damn Beyblades.

In Australia, we have something called the Age Discrimination Act 2004, which prohibits people who sell things discriminating against customers based on their age. Discrimination in this case means: making it harder for someone to buy things just because they are young. The relevant legislation is section 28c of the Act:

Quote:Age Discrimination Act 2004
28 Goods, services and facilities

It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person’s age:

a)  by refusing to provide the other person with those goods or services or to make those facilities available to the other person; or

b)  in the terms or conditions on which the first‑mentioned person provides the other person with those goods or services or makes those facilities available to the other person; or

c)  in the manner in which the first‑mentioned person provides the other person with those goods or services or makes those facilities available to the other person.

Discrimination under the Act comes in two forms: direct and indirect. Both forms of discrimination are just as unlawful. Direct discrimination is where someone puts up a sign specifically saying "no kids" when there is no lawful reason to exclude them. Kmart has not done this. But indirect discrimination is where a company policy disadvantages someone, even if it did not expressly intend to. In our case, the "company policy" is the way Kmart displays its Beyblade products. So I need to scientifically prove that kids are discriminated against by the display. And here is how I am going to do it:


Recommended Beyblade age:

Beyblade Burst is recommended by Hasbro for ages 8 and up.


Average height of 8 year old children:

The height of a child is determined by their age. While some children are taller than others, figures from the World Health Organisation show that children of different ages can be directly compared by height:

• Average height of 8 year old boys: 128.00cm
  
  
• Average height of 8 year old girls: 127.50cm
  
  
• Average height of all 8 year old children: 127.75cm
  

SOURCE: World Health Organisation, provided by the Victoria State Government and developed by the National Center for Health Statistics in collaboration with the National Center for Chronic Disease Prevention and Health Promotion (2000) http://www.cdc.gov/growthcharts


Average proportions of 8 year old children:

The scientific scale of human proportions devised by Paul Richer shows the average adult arm-span is equivalent to overall body-height, measuring 7.500 heads. The shoulder-width is equal to 2.000 heads in males and 1.660 heads in females, making an average of 0.915 heads per shoulder. The Andrew Loomis scale of proportion, which is adjusted for age, reduces the overall body-height to 7.000 heads for a 10 year old and 6.000 heads for a 5 year old, or approximately 6.600 heads for an 8 year old.

To simulate an 8 year old reaching up with one hand; half the arm-span minus half the average shoulders (for the arm length), minus the height of the head itself gives an extra 1.385 heads (26.8081cm) of vertical reach. Which means the average 8 year old can reach 154.4481cm in total.


The offending in-store display:

The product display in the offending store measures H:85cm x W:65cm, with 10 bar-hooks and W:65cm of shelf space at the bottom of the display. The entire display is raised off the ground by H:130cm so that the maximum height of the display is H:215cm.

The lowest feature of the display is the shelf at H:130cm from the ground, then two rows of bar-hooks (with 5 bar-hooks each), one at H:181cm and the other at H:215cm.

The product packs measure H:20cm each, meaning the lowest point of the actual products hanging from the bar-hooks is H:161cm from the ground with the rest measuring H:195cm.


Discrimination on the basis of age:

The World Health Organisation figures, combined with the Richer and Loomis scales, show the height of a child is determined directly by their age.

Beyblade Burst products are recommended by Hasbro for ages 8 and up – but the height of the products hanging in the Kmart display is greater than the average reach of an 8 year old child.

Because Beyblade Burst products require customers to physically inspect the packaging of each individual unit before they purchase (which is technically true of any product), the Kmart display restricts the sale of Beyblade Burst products to the recommended audience of 8 year olds, as an indirect consequence of their age.

Under section 28c of the Age Discrimination Act 2004, it is unlawful for Kmart to make it more difficult for 8 year old children (than it would be for older customers) to purchase Beyblade Burst products.

I therefore conclude that the current display of Beyblade Burst products in the offending Kmart store constitutes unlawful discrimination (indirect) on the basis of age.


Recommendations

I will be making 2 recommendations to help Kmart fulfil its legal duties under the Age Discrimination Act 2004, failing which I will be reporting them to the Australian Human Rights Commission and really ruining everyone's day:

1. Reduce the display height of all Beyblade Burst products to a maximum height of H:150cm.
   
   
2. Organise Beyblade Burst products by individual product code, so they can be identified from a distance when hanging on bar-hooks.
   

SIGN THE PETITION

For lack of a poll, voice your support in this thread.

While a petition is not strictly necessary at this point (the science does not lie) I think it would be nice to issue upon Kmart some documentation of support from the broader Beyblade community. To show we really care. Which we should. Discrimination sucks. Specially for children. Sign the petition by voting in the poll and you'll be securing a brighter future for all Bladers. Young people are people too!


Same in my target that go to. They put the beyblades to hight but now they put it at kids reach

(Sep. 19, 2017  8:58 AM)Yblader1 Wrote: Dude, can I totally hire you as my lawyer.

(Sep. 19, 2017  8:58 AM)Yblader1 Wrote: But on another note, we have to look at it this way, say we get them to bring beyblades down from the top shelf, another toy product will go up. Won't that in any case be discriminating again and the whole process kicks off again with another angry parent or someone till they abolish the tall shelves from stores? It's like a loop. I mean I'd be happy if they brought down beyblades from top shelves so others can access it but I mean another product is going up there to be inaccessible again.

• Beyblade is specifically recommend for ages 8 an up. It clearly says so on each pack. This means we can be absolutely certain that 8 year olds are the intended market. Most toys in Kmart will have age warnings (unsuitable for children under the age of 36 months) but very few toys have recommended ages to show exactly who the toy is intended for.
  
  None of the other toys below the Beyblade display at my local Kmart have age recommendations. We cannot reasonably expect Kmart to know how high it should shelve its products if those products don't have age recommendations. But Beyblade does. I'd say that gives Beyblade priority.
  
  Similarly, Lego products have various age recommendations and it is not unusual (in stores like Myer) to see the younger age recommendations stocked on lower shelves, with the more complex kits on higher shelves. I reckon that makes a lot of sense.
  
  
• I am a member of the WBO and a vocal proponent of weaponised fighting sports like Beyblade, so I have a vested interest in this issue specifically. I have no such interest in any other products at Kmart. Under civil law, Kmart will not be at fault with any other products until a complaint is made, by someone else.
  
  
• Beyblade packs really do need to be sorted through by hand. My local store manager confirmed that all Beyblade packs have the same product serial code. Which means they are never sorted on the hooks by staff and customers need to flick through them to see what is available - specially when the shelf is fully stocked. Saying kids should just do this by eye, from ground-level, is unfair at best.
  
  Meanwhile, the other products below the Beyblade display at my local store do not have this issue because they either come in blind-packs or there is no variation of products within the product serial codes. Moving them up the shelf would not necessarily restrict sales the way it does with Beyblade.