I'm always looking for a catalyst that is going to take Disney (NYSE: DIS) to the next level. The stock hasn't been a great performer over time. Just today, the Mouse issued a press release detailing its latest merchandising plans.

Merchandising falls under the consumer products division. Now, one would expect that this segment would always be rocking considering the brand equity inherent in all of Disney's intellectual properties. Well, let's remind ourselves of how the segment did during the last earnings report. In the second quarter, operating income for consumer products dipped 24%. For the six-month period, operating income was down by 13%. Double-digit declines: nobody likes them. Management commentary about the division specifically stated that lower royalty revenue from merchandise helped to drive the performance. As can be seen, Disney needs some good ideas and strategies to return this segment to growth.

Home Depot's (NYSE: HD) shoplifting policy was exposed today in a blog post by Brian White. Brian details a story wherein Home Depot employees have been summarily dismissed from employment for pursuing shoplifters and assisting police in apprehending them. On its face the situation seems stupid and illogical, but there are some things we need to consider.

First off, when a person is employed by any company, it is a condition of employment that the individual abide by the policies of the company. That's pretty straightforward thinking. It's not an issue of public sentiment. If the company that hires you tells you that policy dictates you hand the keys to the store to anyone who asks for them, you are bound by that policy and your job depends on that. Home Depot policy is clear and concise. Employees are not to interfere with shoplifters. Even the in-house security employees are instructed that way. Home Depot has its reasons for putting that policy in place.

So is this a license to steal? Perhaps it is, but there are some things that can be done about it. I have one idea that I'd institute immediately. If Home Depot was mine to secure and protect, each employee would be instructed in the ways to take hi-resolution video recordings of shoplifting occurrences. Video cameras would be accessible and ready in strategic locations so if shoplifting was detected, a video record could be made of the person, item(s), and the means of departure. Employees would be instructed to smile and wave at the perpetrators while getting nice clear records of their faces and the goods they have allegedly stolen. The resulting video recording could then be handed over to the security detail for determination if the police should be called.

When you couple a video recording with a sworn statement by a witness, you then provide the police with reasonable suspicion and they can easily pursue the matter further. To chase the alleged perpetrators yourself is a recipe for disaster. Even if they're guilty beyond any question and they've taken thousands of dollars in merchandise, if they fall on their faces while you're chasing them, it's your butt that's going to be in the wringer.

Sad but true.

Yesterday I visited a near by Gap store in 'up-scale' Santa Monica. When I walked in I was immediately disappointed by how down scale the store was. It was clean and bright and the sales people were helpful but there was little of interest to purchase and few customers too.

Actually, I was out for a lunch walk and the Gap store was on the way so I decided to see if they might have a nice simple shirt. As an architect and designer (dad was a tailor) I was wondering about their window displays before I entered. The Santa Monica store has seven large windows, each with mannequins wearing a reddish-mauve t-shirt with black jeans. The motif repeated in each window as if that was the only thing the Gap sold, or as if repeating the same thing over and over created something 'chic' or artistic -- I don't think so. It looked poor on product and ideas!

Since the crumpled, wrinkled, used, worn-out look is obviously in vogue you can be sure there was nothing for me. I can do that to my clothes by myself without anyone's help and without paying extra. Even notwithstanding my own personal taste, there were really very few products for sale, or variations on the theme even if one were looking for this type of wardrobe. I will not waste your time by enumerating the number of things that were not available that should have been, or could have been. I will simply point out that my impression was that this was a nice place with nice people and NO IDEAS and NO MERCHANDISE to choose from!

The women's section had more selection and the kids and baby offerings were only a little better.