Sacramento, CA asked in Civil Rights, Constitutional Law and Consumer Law for California

Q: Can I sue a grocery store for harassment and discrimination for not wearing a mask?

I, and a friend, were harassed and discriminated against by two employees for not wearing a mask while shopping at a local grocery store. I can't afford to hire an attorney, so I'll have to go pro per. Are there any cases for a similar lawsuit? Thanks.

3 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: Here is a quick analysis of your post:

1- You and a Friend went on to private property;

2- You and your Friend knowingly broke their rules for being on their property;

3- You and your Friend knowingly put other peoples' lives in danger;

4- You and your Friend want to sue the grocery store.

In my legal and non-legal opinion, you and your friend need to re-think your life choices...

Maurice Mandel II agrees with this answer

William John Light
William John Light
Answered
  • Civil Rights Lawyer
  • Riverside, CA
  • Licensed in California

A: You can sue, but not successfully. Not wearing a mask is not a protected category in California, or anywhere else. You can be discriminated against or harassed on that basis.

Maurice Mandel II agrees with this answer

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

A: The law, in the form of Executive Orders by the California Governor, makes it UNLAWFUL for you to refuse to wear a mask when going in public or into grocery stores. So you want to sue the store because they did not want you to break the law in the store.

Well, Sorry to tell you, they have the right to prevent criminal activity (that is what it is called when you break the law) from occurring in the store.

The law also says you must drive on the right, just because you want to drive on the left, which would also endanger lives, does not give you any special status.

So, I think you need to get with the program, wearing masks prevents the spread of infectious organisms that we cannot see (that is why surgeons wear them- you would not want a surgeon sneezing into your body cavity would you?); wearing masks is required by law; and good hygiene, social distancing and wearing masks will stop the spread of Covid and other diseases. Not because the politicians say so but because the DOCTORS say so.

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