I printed this out and have been waiting for someone to tell me I must wear a mask so I can whip this out. Dammit, no takers yet. Guess I'll have to go to COSTCO to stir things up. :-)
Maybe I'll tell them I'm an Indian from the SoSueMe tribe.
Posted on 06/18/2020 1:34:17 PM PDT by lightman
More than 30 lawsuits have been filed against Giant Eagle over the grocery chain’s mask policy, with plaintiffs claiming it is discriminatory under the Americans with Disabilities Act.
A wave of lawsuits against Giant Eagle began in late May with seven cases filed in federal court. Plaintiffs included residents of the Alle-Kiski Valley, Cranberry and other areas surrounding Pittsburgh. They described grocery store employees yelling at them and physically escorting them from the premises after they tried to shop without masks.
In the span of just three weeks, the number of lawsuits in the region has grown to 32, all represented by attorney Thomas Anderson. Four new lawsuits have been filed this week.
The lawsuits argue Giant Eagle’s policy surpasses the state-ordered mandate for masks in public places. Gov. Tom Wolf’s order makes allowances for children and for people with disabilities, and also states that customers do not need a medical excuse to forgo a mask.
In a statement in late May, when the first round of lawsuits emerged, Giant Eagle spokesman Dick Roberts said the chain was reviewing the complaints and declined further comment. Roberts did not respond to a request for additional comment Wednesday.
Several of the complaints quote the owner of an unnamed Giant Eagle store, who allegedly posted publicly, “It’s too easy to make up an excuse not to wear a mask, and we refuse to put our team members and customers who do wear a mask at any more risk than they already are.”
The newest complaints were filed Tuesday.
One came from Tammie Aiken. According to Aiken’s complaint, she has a history of lung fibrosis, stroke and vertigo that limits her breathing and prevents her from wearing a mask. She was shopping at the Cranberry Mall Giant Eagle on May 28 when she was told to leave the store. An employee allegedly yelled at Aiken, causing everyone to look and drawing attention to her medical condition.
The other lawsuit filed Tuesday was from Katherine Duckstein, of Seven Fields in Butler County. According to her complaint, Duckstein has vasovagal syncope, a condition where blood pressure and heart rate suddenly drop, causing her to faint; post-traumatic stress disorder; and a form of anxiety that makes it difficult to breathe while wearing a mask. She had shopped at a store without a mask in late May, after confirming with the company that she could forgo a mask as long as she had a medical condition. However, when she tried to shop there again on June 8, she said Giant Eagle had “reinstituted” its no-exception mask policy.
Duckstein said she told the store manager she could have a seizure if she wore a mask. The manager told Duckstein it was store policy, but she continued to shop anyway. Duckstein told the manager he would have to call the police to discuss the matter further.
A police officer arrived before Duckstein was done shopping, and she was escorted out of the store. The store manager took Duckstein’s bank card and paid for her groceries while she waited outside with the officer. The complaint said the officer told Duckstein that Giant Eagle was being “ridiculous,” but he was just doing his job.
Two cases also were filed in Johnstown on Monday. Michael Hammers, one of the Johnstown plaintiffs, is a disabled veteran who has post-traumatic stress disorder, allergies and chronic sinusitis. His complaint said these conditions make it difficult for Hammers to breathe and limits his ability to wear a mask.
The complaint said that Hammers was yelled at by a Giant Eagle employee May 31 when he attempted to shop without a mask. He then covered his mouth with a bandana, but another employee approached him to say he must cover his nose as well. Hammers said he would be unable to breathe, but he was told to leave the store.
According to the complaint, Hammers’ wife continued to shop. She alleged that the checkout employee she interacted with also was wearing a mask that did not cover her nose.
The other plaintiff who filed in Johnstown on Monday was Molly Shirk, who suffers from bilateral atypical trigeminal neuralgia. The condition, according to her complaint, causes facial pain and prevents her from wearing a mask. Shirk tried to shop without a mask at a Giant Eagle location in Roaring Spring on April 30, where she said she was yelled at and “humiliated” by an employee.
Charges brought against the company in the plethora of lawsuits include retaliation and coercion in violation with the ADA, assault and battery and others.
Gov. Tom Wolf set the policy in mid-April that businesses require customers and workers at essential businesses to wear masks on the premises, and many states have set similar measures. The policy states that all individuals over the age of 2 must wear a mask, except in the cases of medical exceptions — which do not have to be proven.
The policy has caused some controversy as some see it as a violation of individual rights. Still, experts insist wearing masks in public is essential to curbing the spread of the coronavirus and many see it as a minor inconvenience.
The lawsuits will go nowhere.
Show me the part of the ADA that exempts someone from policies meant to protect health and safety? Quick tip, there isn’t such a portion. Reasonable accommodation goes a long long way, but doesn’t chop that line at all.
But you’re welcome to talk to the lawyers for Disney who’ve effortlessly won dozens of ADA lawsuits challenging health and safety rules. My favorites are those challenging the use of restraints while on a ride. And trust me, Disney isn’t going to be backing down on the mask rules.
It’s sad that even grocery chains are fascist.
No freaking mask, no patronizing. Very few wear them down here in the semi-free state of Tennessee.
What does that mean?
“Show me the part of the ADA that exempts someone from policies meant to protect health and safety?”
They’re going to lose these lawsuits if they get to a courtroom. Sick people have a right to shop for food. There is no right to ride Space Mountain.
L
From last month. Businesses that have knuckled under to these EOs richly deserve the legal hot mess they’ve got coming...
https://www.jdsupra.com/legalnews/ada-implications-i-don-t-want-to-wear-a-91357/
In a public business, the Americans with Disabilities Act overrides your rules in certain instances.
I’ve simply ceased to have conversations with the store people I used to, although it saddens me because I do like them.
I just can’t understand what they’re saying and my own “Pardon me?” a dozen times annoys me, too.
That phrase can be used in a public setting.
What is your position on forced vaccinations for COVID to enter places of public accomodation?
I’m split on this one. Personally, I just would stop shopping there, no law suit in other words. On the other hand, I want to see Giant-Eagle lose in court. I’m sick and tired of businesses playing politics. Wearing a mask at this point is politics. Christ, I was in the hospital for an outpatient procedure today and most of the time I didn’t have my mask on. Not a word from anyone. The staff and doctors I talked to are not buying this hoax. Although there is a clear facade imposed by the hospital administration as you enter the building - temp taken and given a mask. But after that it was optional. What does that have to do with Giant-Eagle? Just like the hospital had a facade playing to Karens so does Giant-Eagle, but their stupid-schiff employees take it more seriously than trained medical professionals.
I printed this out and have been waiting for someone to tell me I must wear a mask so I can whip this out. Dammit, no takers yet. Guess I'll have to go to COSTCO to stir things up. :-)
Maybe I'll tell them I'm an Indian from the SoSueMe tribe.
I obeyed, and this is what happened:
Absolutely. Look at the lying Democrats every time they go public in front of the cameras, they're all wearing these BS masks. They don't want to let go of this charade...It's all about total control with them.
Where I am no one forces me to wear ANYTHING, except Costco. And since Costco enacted this bull sh*t I have not gone there and will not renew my membership. Two can play that game.
It's caller Banana Nose (See Jimmy Durante, handsome)
So go somewhere else. Is that the only place in town? Tell them to kiss your hip pockets and move on.
These people just need to get a prescription from their doctor and then use that to get a Mask Disability Placard issued by the municipality, which they can then wear around their neck every time they go out.
“In the span of just three weeks, the number of lawsuits in the region has grown to 32, all represented by attorney Thomas Anderson.”
What a coinkydink.
“According to her complaint, Duckstein has vasovagal syncope, a condition where blood pressure and heart rate suddenly drop, causing her to faint; post-traumatic stress disorder; and a form of anxiety that makes it difficult to breathe while wearing a mask.”
They forgot to mention her Munchausen syndrome...
“What if it is the only choice they have in their community?”
From my experience, every store with this policy also offers the reasonable accommodation of doing the shopping for the person while they wait outside without a mask.
Which is why these lawsuits are most likely going to get tossed quickly.
“They’re going to lose these lawsuits if they get to a courtroom.”
I wouldn’t lay money on that if I were you.
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