> No matter what the store sign says, not wearing a mask to go into the store cannot be construed as trespassing. <
I must respectfully disagree. Property rights trump all in my book. If an owner wants you trespassed, then you are trespassed. A police officer on his own cannot do that. But a property owner can.
You do make a point with the ‘Americans with Disabilities Act’. As a disabled person myself, I am quite sensitive to such issues. But suppose a person might have a very contagious disease. And because of a disability, that person cannot wear a mask. That disability should not exempt the person from a store’s safety rules!
Unfortunately, most federal judges would probably disagree with me.
And most state judges. A store owner, manager, etc., would be facing personal civil rights violation suits for forcing the issue. It’s happened already. Most wise ones don’t push the case. They may have the power to do it, but they don’t have the right to do so. It’s discriminatory and they will get rolled up and squashed.
A retail store has been ruled a place of public accommodation for this purpose, they are not private. They cannot discriminate due to disabilities. They cannot pick and choose their customers based on whims of their own choosing. . . Even health department mask mandates when there are exemptions in the law, and every state has such exemptions for those who are medically unable to wear masks.
Store owners, Mayors, city councils, health departments, homeowners and condo associations, and police cannot ignore the law to impose their lessor authority to prohibit people who are medically disabled from having access that non-disables people can access without being wrung out to dry for abusing the rights of their abusee.
Property rights do not trump all things. There are reasonable use restrictions especially when they are open to the public.