Garden Grove, CA asked in Business Law, Civil Rights and Constitutional Law for California

Q: Can a customer with a disability enter a store in Orange County CA without a mask?

The store has a face requirement sign outside, provides curbside pick up at no extra cost and delivery via instacart, and allows scarfs/face shields or thin cloth like scarfs.

Also, would not allowing entry (however still offering service through curbside pickup or delivery) be considered refusing service?

2 Lawyer Answers

A: The store can require you to wear a mask if you want to shop inside the store. It is a state requirement that everyone must wear a mask if you want to go inside any store which remains open for business in California. Last I checked, Orange County was still part of California. The governor has mandated masks and social distancing in order to slow the spread of covid-19. In a health crises like the current pandemic, the health needs of all take precedence over individual civil liberties when it comes to the prevention of the spread of a deadly disease like covid-19.

1 user found this answer helpful

A: If a person has a disability that impacts their ability to wear a mask, they need to FIRST go to their doctor and get a letter stating these facts and carry this with them at all times, They might then be able to go into a store without a mask, so that they can spread the CV 19 to unsuspecting shoppers and workers in the store who could then go catch CV and be hospitalized, put into a drug induced coma to be intubated for ventilation, and face potential death with the accompanying emotional and financial impact to their families. Do you really want to spread this disease? Stores are offering free home delivery, if you cannot wear a mask, stay at home. Oh, OC is definitely in Cal, and subject to the MANDATORY MASK ORDERS. These are just like the rules of the road, which say drive on the right, which you also do so you do not KILL PEOPLE. You may not want to drive on the right, you may not like to drive on the right, but you do not have a choice.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.