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The reason they can get away with it is that they post a policy in the entrance area to cover their butts - so they dont get sued - as long as you are on their property they have rights covered by their policies which you agree to by entering the store.
On the other hand - if you present a CC for payment they DO NOT have the right to ask for your identification (which they are notable for) and if they try to take that further - you can sue them for privacy violations - and people have done that.
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