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Stores really cannot require masks
Villages News ^ | May 9, 2021 | By Letters to the Editor

Posted on 05/09/2021 3:39:58 PM PDT by conservative98

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To: ConservativeMind
No, it isn't.

The author needs to find a lawyer himself before making a blanket statement like that.

Here is another view point. Also from a lawyer.

https://legalmatch.typepad.com/businesslaw/2007/10/no-shirt-no-sho.html

Key phrase is If you're a business owner, make sure to check with a constitutional law attorney before you start kicking people out.

To make it simple the right to refuse serves to anyone is a very limited one.

For example if you try to prevent someone from shopping and they claim the actual reason was because they were (black, gay, disabled in some way) or even that you thought they were, you have to PROVE that was not the reason.

The rule is somewhat more relaxed with regard to what is considered special commissions. But even there, as the case of the several bakers and photographers shows you can still find yourself hauled into court.

As long as the client is not breaking any actual laws and ordnances you are on very shaky legal round even doing thins to discourage people from patronizing your business. As some found out when they played classical music in the hopes of keeping rowdy teens from hanging out in their stores.

41 posted on 05/09/2021 4:58:59 PM PDT by Harmless Teddy Bear (May their path be strewn with Legos, may they step on them with bare feet until they repent. )
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To: conservative98

I am in Virginia and don’t mask up.

Most businesses have signs say masks required but I have yet to be really ‘challenged’.

Maybe because I walk straight up, carry a ‘scowl’ and stride like I mean business, whatever it is, it has worked.

I have always maintained if you are looking for help in a ‘box store’ act like you know what you are doing and where you are going and inevitably someone will ask if they can help you.

Walk around like you are lost and confused (even if you are) and most of the help will ignore you - a great deal of the time.


42 posted on 05/09/2021 4:59:19 PM PDT by xrmusn (6/98 "Message to GOP "GO FUnd YOURSELF")
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To: Harmless Teddy Bear

That is a major legal site.

There is absolutely no issue with requiring shoe and shirts a long as everyone has to wear them and not only one race or gender.

Even your post agrees.


43 posted on 05/09/2021 5:01:48 PM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: familyop
Masks are so yesterday. Well over half of the adult population is vaccinated.

And another 15% have actually had the CCP virus, giving them much better immunity.
44 posted on 05/09/2021 5:03:04 PM PDT by Dr. Sivana (There is no salvation in politics)
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To: ConservativeMind
No it is a blog.

Do not follow legal advice given in a blog.

See a lawyer.

There is absolutely no issue with requiring shoe and shirts a long as everyone has to wear them and not only one race or gender.

Yes, there can be.

That is the point.

45 posted on 05/09/2021 5:06:00 PM PDT by Harmless Teddy Bear (May their path be strewn with Legos, may they step on them with bare feet until they repent. )
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To: ducttape45
I went into Menard’s yesterday, and within seconds a store worker lady yelled at me for not wearing a mask. I promptly walked out. They don’t need my business.

I heard that Menards was extra masky even as Home Depot and Lowes around here never enforced. Its too bad, because it is otherwise a great store, and historically contributed to the right candidates despite being targeted for same (e.g. Scott Walker in Wisconsin).
46 posted on 05/09/2021 5:06:03 PM PDT by Dr. Sivana (There is no salvation in politics)
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To: AlmaKing

If businesses require people to wear masks does the business have to have some certificate showing they are complying with the State and Federal laws regarding PPE plans? Is that business not having an approved PPE plan still able to negate the right of customers not to wear a mask?


47 posted on 05/09/2021 5:13:18 PM PDT by princeofdarkness ( )
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To: princeofdarkness

Yes indeed to both. The PPE plan must be made available to anyone. It must be audited yearly. Most businesses should not get into the PPE game if they do not have to because it is expensive to comply and increases liability. Many must, i.e. hazardous chemical manufacturers and users.


48 posted on 05/09/2021 5:19:21 PM PDT by AlmaKing
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To: Dr. Sivana

I hear ya. It’s too bad too because they usually have a lot of overhead to choose from. But until they stop this nonsense, I won’t go back.


49 posted on 05/09/2021 5:20:01 PM PDT by ducttape45 ("Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34)
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To: conservative98

50 posted on 05/09/2021 5:21:35 PM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper)
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To: EvilCapitalist

‘Most stores like happy return customers.’

there are two grocery stores in my town which I shall never enter again because of oficious pricks that decided to harass me about these idiotic masks...I guarantee you, neither has lost one second of sleep over my absence...


51 posted on 05/09/2021 5:23:38 PM PDT by IrishBrigade
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To: max americana

I had a black security guard wait for me to complete my purchase at a department store I like. He asked if I was finished shopping and I said I was.

He then said that as a private business they require their customers to wear masks. I said ok, but asked him if he thought normal folks should all be treated as potentially dangerous? I saw the light come on as I headed for the door.


52 posted on 05/09/2021 5:24:59 PM PDT by outofsalt (If history teaches us anything, it's that history rarely teaches anything.)
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To: Brian Griffin

I just have a bandanna I pull up if they get obnoxious. No arguments, just a smile, and then I drop it as soon as I’m past whoever asked me to wear it.

Believe me, most of the store personnel hates this too. And they are being forced to wear snout covers as a condition of employment, so I feel bad for them.

Here in Florida, there are no longer even local mask mandates in effect, but the chain stores have developed their own and that makes things harder also for small local stores.

Fauci is an idiot and an ideologue, but if even Fauci is backing off on the useless, pointless mask fanaticism, that means it’s served its purpose (the destruction of American public life). But hopefully the chain stores will follow along. And Joe and Kamala might even dare to remove their own masks.


53 posted on 05/09/2021 5:26:52 PM PDT by livius
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To: Leaning Right

But as conservatives, we should have a great respect for property rights.’

in this case, not really; the only reason they’re requiring the stupid face coverings is because the governor said to do so...pin them down, ask them why they’re harassing paying customers, and that’s the song and dance you get from them...

no shirt, no shoes, no service relates to culturally accepted norms that have been in place for generations; no shirt genrally means a dirty person in a clean environment, no shoes is a recipe for a lawsuit if a foot gets hurt, and no punk governor has ever made it a one size fits all mandate...can we say that about the face masks...?


54 posted on 05/09/2021 5:32:21 PM PDT by IrishBrigade
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To: conservative98

There was a time when FReepers did not post utter horseshit like this, knowing it to be false and thus not worth repeating.


55 posted on 05/09/2021 5:32:57 PM PDT by bigbob
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To: Harmless Teddy Bear
"For example if you try to prevent someone from shopping and they claim the actual reason was because they were (black, gay, disabled in some way) or even that you thought they were, you have to PROVE that was not the reason."

Oooohh. I think I could have fun with that. I will throw a flaming hissy fit next time I'm rebuked. Now I'm looking forward to my debut as a, "Pato"!

56 posted on 05/09/2021 5:33:21 PM PDT by outofsalt (If history teaches us anything, it's that history rarely teaches anything.)
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To: zaxtres

‘If it is private property, respect the wishes of the owner or just don’t go. It is that simple.’

face masks have nothing to do with the wishes of the owner, and everything to do with his/her fear of the state government...tired arguments like yours are missing the reality of the situation entirely...


57 posted on 05/09/2021 5:35:43 PM PDT by IrishBrigade
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To: IrishBrigade

As usual “follow the money”...liability issues...a businesses’ liability insurance company may be requiring masks for customers to protect employees. Congress failed to pass COVD-19 liability protections for businesses.

https://www.jonesday.com/en/insights/2020/09/covid19-raises-various-employment-practices-liability-insurance-considerations


58 posted on 05/09/2021 5:42:05 PM PDT by Drago
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To: WildHighlander57

I’ve been confronted by the Mask Warden at a Kroger grocery store. I put the mask on, collected a hand-basket full of items from various parts of the store and then went to the checkout where I removed the mask and told them I wouldn’t be buying those things because of the Mask Warden. I then went to the Walmart and walked in unmolested to do my shopping.


59 posted on 05/09/2021 5:47:44 PM PDT by Kickaha (See the glory...of the royal scam )
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To: Dr. Sivana

They have some immunity for sure. We’ll see what happens next winter.


60 posted on 05/09/2021 5:48:59 PM PDT by familyop (Only here for the tales from the rubber room.)
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