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.
Thank you, needed another one for my collection of memes.
Neither prescription nor placard required in Pennsylvania.
Just the opposite.
The Governor’s order stated that “no documentation” was needed for those claiming a medical exemption.
Oh man... that was me a few weeks ago!
The cashier even had a tag that said “hearing impaired”and she looked miserable. I even said “oh sorry” but with the mask on.. nothing.
I signed to her but my wife corrected me.. I gave a ridiculous sign. She corrected it though. I still felt like a fool.
Funny +1
“Disabilities?” But they’ve been saying that they, the vulnerable folks, should stay at home and let the younger folks do the running around and shopping. Can’t they make up their minds?
then lets force the government to order Giant Eagle to open a store right next door.
= = = = = = = = = = = = = =
Already tried that, think Restaurants and the ‘no smoking’ that started with a ‘little space’ and grew into nothing in the building.
Fine - to a point with the BAD PART being I can’t open a Restaurant or rent a plan and sell tickets in a SMOKING aircraft/bus/motel/restaurant....
They surely have come a long way from when that stupid sign on the airplane was moved to ‘separate’ smokers from non smokers....
If you have too much trouble breathing to be out in crowds, stay home and let the free and young people do the shopping. —Flubros
Not HIPPA, Americans With Disabilities Act the same act which prohibits asking for proof a mutt is a Service Dog prohibits asking what a persons disability is.
Thank you for the card.
I have a huge problem with wearing a mask.
The government already does that. That is why the lawsuits are an option. The store is being sued under the ADA. You know the law the government passed.
ADA allows accommodations. But standing outside the facility will not be included.
That would be like the store saying to someone in a wheelchair that their isles are too small and someone will shop for them as they wait outside.
Or a hotel not installing the lifts for guest and instead instituting a policy of an employee standing over the guest with a water hose to simulate swimming.
Do not like it.
So, you assert your right to choose for yourself.
Yet, you are fine for others to choose “the mask” for you.
That's what we have to do. I refuse to go to Walmart now. The last time I went was about 4 to 6 weeks ago. They had speakers in the parking lot instructing how to social distance, wear masks, etc. It was like a scene out of 1984. They are so deep in bed with the ChiComs it is sickening. I don't want their cheap Chinese crap. This past Wednesday I dropped Comcast and went with Verizon for Internet. (No cable channels with either of them.) I refuse to support Comcrap's media properties. Unfortunately Verizon is just the lesser of two evils. They own Yahoo, but not much more from what I can tell.
Now I'm trying my best to rid myself of Google. That's hard to do. I have an Android phone, so the OS is from Google. But I don't use gmail, search or any Google services. I setup a new email acct with Protonmail.com and added their VPN service. I use DuckDuckGo for search, and Brave for a browser. Brave has a Tor browser built-in. All my right-wing deplorable activities are encrypted end to end, jumps between servers and are ad free. I cut the cord on Facebook and Twitter years ago. I'd love to cut the cord from Microsoft, but can't due to business.
No. A mask is a courtesy, that costs nothing and has no real side effects and might slow the spread of this and other infections. Again, it is a free country - private business can do what they want. Do you have a mask allergy or something? You are fine with spraying droplets all over people trying to buy food?
Your line (style) of questioning shows absolutely no respect for my Constitutional rights.
I am a freeman, able to choose my own fate.
You are unAmerican.
Your questions are the equivalent of Mussolini’s Cheka asking, “What have you got hide?”
May your chains rest upon you lightly.
You are certainly entitled to you opinion.
Costco is the only place where I am that forces people to wear those BS masks...
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