Giant Eagle is a western Pennsylvania supermarket chain.
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.
Giant Eagle is a western Pennsylvania supermarket chain.
Wonder why lawyers have a bad reputation?
Pennsylvania Ping!
Please ping me with articles of interest.
FReepmail me to be added to the list.
NOTE: Poll at linked article is in need of some serious FReeping.
Sue them into bankruptcy.
L
Don’t like a store policy?
Don’t shop there.
Giant Eagle
Kind of like give them the big bird?
So “No n***ers” is acceptable too?
How about “No Jews”?
Private property
Play by their rules.
Me: My medical condition precludes me from wearing a mask over my mouth and nose. To inquire of the specifics of my medical condition is a violation of HIPPA laws.
They are overpriced little Karen’s. Their policy is ludicrous and they have decided that by 2021 or 2022 you can’t have a plastic single use bag to carry all the items you bought their packaged in single use plastic home in.
No one is making you shop there, are they?
Probably 20% of the population has some degree of difficulty breathing or shortness of breath. Forcing these folks to wear masks is stupid and even dangerous.
Eff these control freaks.
How about people with hearing loss who need to see a person’s face to communicate?
“Don’t like a store policy?
Don’t shop there.”
What if it is the only choice they have in their community? What if the concern was about the AIDS virus instead of the COVID virus? Should they still be told to leave?
Yup, that too.
Bingo!
Bring on the pushback.
Stores can set policies as they wish as long as the are not discriminatory.
I suggest you peruse the Americans with Disabilities Act sometime.
L
Well, if we’re going to force the government to stick it’s nose into what a private company can and cannot do, then lets force the government to order Giant Eagle to open a store right next door.
One for masks only. One for the anti-maskers.
Had someone whine about wearing a mask who is on oxygen, something ridiculous that they saw on YouTube about exposing themselves to high CO2 levels. I asked them why not use the oxygen mask the medical supply company gave them when they delivered the oxygen if the nose appliance failed to work.
I get not wanting to wear a mask. I don't want to wear a mask either, and I go out of my way to avoid places that require them. But I also respect private property - those that do require them have every right to eject shoppers who fail to comply.
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