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COVID-19 California Civil Rights Questions & Answers
3 Answers | Asked in Employment Law and Civil Rights for California on
Q: I’m a federal employee and going to refuse the vaccine mandate. If fired, will this violate laws meant to protect me?

Vaccine presidential mandate.

Neil Pedersen
Neil Pedersen answered on Sep 15, 2021

Mandatory vaccination is lawful. It has been since 1905 when the US Supreme Court issued its opinion in Jacobson v. Massachusetts. That decision, although old, has been cited to over 800 times and recently by our US Supreme court in the last two years. You will have no recourse if you refuse to... Read more »

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3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Neil Pedersen
Neil Pedersen answered on Sep 6, 2021

If you have a medical condition that prevents you from taking the vaccine, get a doctor's note indicating as much and present it to your employer.

If you have a closely held religious belief that prevents you from taking the vaccine, you will need to present that information to your...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Where can I find an attorney that will take a prisoners rights case that contains deliberate indifference?

The incident involves State prison and correctional health executives transferring over 100 prisoners from a Covid19 Hotspot to another facility that had no Covid19 cases. I was among those at the receiving facility who then became ill as a result of that transfer. The executives acted with... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 10, 2021

You can find many good law firms in and around Oakland and San Francisco who are experts in civil rights cases of the kind you describe. It seems you already have developed a good bit of evidence to support your case. I suggest you prepare a chronology of the events, if you haven't already... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for California on
Q: Is there any legal standing for harassment protection from being forced to wear a face mask as condition of employment?

I am being forced to wear a mask at my desk. I already got covid and recovered in a couple of days.

Louis George Fazzi
Louis George Fazzi answered on Feb 23, 2021

The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: I believe I have been discriminated against and there has been disparity in treatment against my as a member of Kaiser.

My (minor) daughter had a procedure in the Surgery Department of Kaiser Permanente. My wife and I were both present. I was told (during sign in) that only 1 parent would be allowed to be with the child/patient due to COVID restrictions. To which I replied, that I understood (which Is also written... Read more »

William John Light
William John Light answered on Nov 12, 2020

I do not see a claim for discrimination. These protocols are applied to all of us. I, too, have had to wait outside the medical facility for my family member.

2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: Can I file a lawsuit

I, an adult female, was asked to leave the dressing room because another female felt uncomfortable with me there along with a child. I believe after the employee realized I was a female and the child (11) is a male then went on to say it was because of the child being in there with females. I... Read more »

Yelena Gurevich
Yelena Gurevich answered on Sep 22, 2020

Did you file a report with a supervisor or manager? Do you have the contact information of the customer that requested you be removed? These type of cases are difficult to prove discrimination without much more information. The employee could have any number of reasons to ask you to leave,... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Q: High Risk for severe Covid, DA is recommending 6 years 8 months for 9 felony charges yet co-def got summery probation

Feb. 2020, while at court, I suffered a mild stroke, could barely form simple words, disoriented,etc. My attorney, knowing I did not want to plead guilty without a deal, entered guilty plea to 9 felony ID theft charges. I have several health issues which makes me high risk of severe Covid-19. The... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 21, 2020

If you entered a plea at a time when you were not thinking clearly due to the stroke, you might want to have your plea withdrawn. Discuss this with your lawyer. If it was a 'good deal', and there are no problems of proof,for the DA, you may not want to. You might be looking at more time... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for California on
Q: i was issued a ticket for driving on a suspended license expired registration i missed the courtdate do i have a warran

.

Douglas Hugh Ridley
Douglas Hugh Ridley answered on Sep 17, 2020

If you were issued an infraction or misdemeanor for driving on a suspended license and do not show up for the court date, the court will issue a warrant. It will probably be immediate, but there could be a slight processing delay (especially with Covid). The best solution is to go to that... Read more »

2 Answers | Asked in Civil Rights for California on
Q: On what terms or civil code can I use to protect my rights NOT to use a face covering in any store or dental office?

I told dental office it went against my religious believes and it also posed a health risk to wear a mask. They allowed me services without wearing one but after I was finished and waiting to pay they asked me to put one on..again I told them I could not..so they told me to find another dentist

Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

As far as I am aware you do not have the right to engage in acquisition or transmission of a communicable disease, which is why there are emergency regulations requiring you to wear a mask, even if it slightly infringes on your right to practice a religion. The rights granted to you by the Bill of... Read more »

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3 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
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.

Maurice Mandel II
Maurice Mandel II answered on Jul 30, 2020

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...
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2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for California on
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... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 25, 2020

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... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for California on
Q: Can Walmart deny entry to buy masks if u previously don’t own one? Especially in the times of this pandemic
Louis George Fazzi
Louis George Fazzi answered on Jul 20, 2020

Sounds like a real Catch 22 doesn't it? You go in to buy a mask because you don't have one, but they won't let you in because you don't have a mask on.

It seems to me that before they can refuse entry due to lack of a mask, they must first offer you one to wear while you...
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1 Answer | Asked in Civil Rights for California on
Q: I'm a homeless individual residing at a shelter/hotel due to covid 19. Can a security guard legally body search clients?
Louis George Fazzi
Louis George Fazzi answered on Jul 1, 2020

You question is ambiguous, because I don't understand what you mean by "body search". If that means to search you for contraband, such as items the shelter's rules may prohibit you from bringing into the shelter, then the answer is yes, you can be searched for prohibited items... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: What can you be charged with if you do not wear mask per the June 18/20 CDPH Guidance on "must wear face coverings"?

The California Department of Public Health issued a GUIDANCE on June 18/20 stating that "People in California must wear face coverings..."

- Is a GUIDANCE the same and an Order or a Law?

- Can police enforce this guidance?

- What can you be charged with if you do not choose to wear a mask?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

The new orders issued yesterday and today from the Office of the Governor now create a state-wide mandate for the use of masks in public places. This means if you are over 2 years old (because if you are under 2 you cannot read the Order) you have to wear a face mask, waiting in line to enter a... Read more »

1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can News paper censor comment I posted on the news website

I commented on a article that was related to Covid-19 there were hundreds of defamatory comments about An individual who had his grocery’s taken for not wearing a mask .my comment was simply this.

I wrote “ask-yourself how many people you come into contact with on a Daily basis.... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 23, 2020

Newspapers regularly decide which letters to publish. Your comments are no different than a letter to the editor. They don't have to print every letter they get, and the same goes for the comments to their articles online. The editors always have the last say on what gets published, even in... Read more »

1 Answer | Asked in Civil Rights for California on
Q: Yes my question is I have funds to perchance a vehicle but I do not have a driver's license the dmv is particularly clos

Closed I'm currently using public transit & I want to drive what are my rights & is there a possibility of a civil suit...????

Louis George Fazzi
Louis George Fazzi answered on May 20, 2020

Continue to try to work with the DMV. Things should be opening up now, so you need to get an appointment asap to take the driver's license test and get your license issued. You cannot buy a car without a license, no matter whether you have the money.

You have no right to sue the state...
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4 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: My sister urinated in store while paying for her groceries. Not allowed to use restroom.

Waited in line to enter store. Shopped. Needed to use restroom, but was denied access. Wrapped up her shopping because she needed to urinate. Begged employees to let her use facilities. Was advised to speak to a manager. No manager made themselves available. At check out, she begged cashier again... Read more »

William John Light
William John Light answered on May 11, 2020

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

There is no suggestion that your sister suffered from some medical condition that made here incontinent. However, even if that was the case, I doubt that she has a valid...
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2 Answers | Asked in Consumer Law, Civil Rights and Constitutional Law for California on
Q: Can a store deny me service for not being able to buy mask

I sent to my local 99 cent store to purchase battery and they had there security gaurd stop me from entering the store without a mask they said I could not enter and they will refuse service and that it was the law

Daniel Timothy LeBel
Daniel Timothy LeBel answered on May 8, 2020

The security guard was correct. It would be a violation of the law for the store to allow you to enter. Under current state and local county orders concerning the COVID-19 pandemic all patrons of grocery or other retail stores are required to wear masks for their own safety, for the safety of other... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: What California health and safety codes authorizes social distancing and stay at home order?
Louis George Fazzi
Louis George Fazzi answered on Apr 17, 2020

The United States Constitution, as well as the California Constitution, provide all the authority necessary for both the Federal and State Governments to implement urgent policies in the event of a worldwide pandemic.

The President issued a National Emergency notice on or about March 13,...
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