> Are we supposed to just say "welp, that's ok Walmart, keep doing it, because we can't stop every other mom and pop store in the nation from potentially doing this."

No, you're supposed to say "Let's stop everyone from doing this" and stop making it legal for mom and pop stores from doing it.

And this has strayed from my original comment. I'm not asking about legality. The person I responded to found it so terrible he refused to use them. I'm merely suggesting they keep the same moral high ground when they go to eat at a restaurant.