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
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

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

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

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.

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