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COVID-19 Civil Rights Questions & Answers
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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1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... View More

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... View 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... View 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 Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: How does one "erase" the filing of a UD petition that is later non-suited without judgment?

This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.

F. Paul Maloof
F. Paul Maloof
answered on Jul 18, 2020

The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are... View More

1 Answer | Asked in Civil Rights for Florida on
Q: Work email requiring anyone who is going to be tested for COVID-19 to notify their supervisor FIRST. Legally require?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2020

You are asking if your employer can require you to give them notification before you get tested? Probably not, if you do it on you own time and at your own expense. But in any event the only way, that I can think of that your employer would know you are got tested would be if you told them... View More

1 Answer | Asked in Contracts and Civil Rights for Ohio on
Q: Do I have to allow inspectors into my apartment during COVID19 if they are from a highly infested area?

I am a disabled 65-yr old with multiple health issues that make my chance of surviving COVID highly unlikely, living in a county with 135 cases of COVID. Inspectors from Columbus, which has the highest number of cases and deaths in Ohio, are planning to walk through my apartment. Am I required by... View More

Joseph Jaap
Joseph Jaap
answered on Jul 15, 2020

Landlord is allowed by law to inspect after giving reasonable notice. But if you refuse entry, there is not much landlord can do about it. Landlord could call the police, but are unlikely to force you to let landlord enter. If landlord tries to force his way in, call the police. If you refuse... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can my daughter be held in Nobels county jail for 11 months without a trial because of the virus

My daughter was arrested for transporting meth from SD in December 2019. Her court date was set for March because of the virus the trial was reset for July 28, my daughter just now received a letter moving her trial until November can they do this she will be in Jail for a year before she is... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 8, 2020

They certainly can if she has not demanded a speedy trial. If she has made such a demand, there is an analysis that gets done about whether her right to a speedy trial is being violated and if so, what the remedy should be. One such remedy might be release from custody. Another such remedy could... View More

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1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Michigan on
Q: i am FTM transgender. Is there something i can do about my general manager discriminating against me to co workers?

i am 25, and FTM transgender. I lost my job beginning of March due to the sudden outbreaks of the virus, i was talking with a former co worker about possibly getting my job back, he said he would ask the manager, i was then informed my General Manager is being discriminating & slanderous... View More

Jeff Herron
Jeff Herron
answered on Jul 8, 2020

In late June, 2020, the U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the 6th Circuit (which covers Michigan), holding generally that discrimination (and by extension harassment) against transgender individuals because of their status or gender nonconformity is... View More

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... View 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... View 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.... View 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... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Hey so my friend and I agreed to have a friendly boxing spar we have no hate towards each other and can we box at park?

We wanted to box at a local park and can we get in trouble from this and also we are using this for content also but mainly for a friendly boxing spar at the park can we get in trouble?

Cheryl Powell
Cheryl Powell
answered on May 21, 2020

I have never seen anyone ask for legal advice for a friendly spar. No lawyer would advise you to engage this behavior since we all know how things could escalate. Not to mention that is clearly against all covid guidelines. If your question has to do with parks and covid, that is controlled... View More

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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... View 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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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Maryland on
Q: I need answers!!!

my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... View More

Mark Oakley
Mark Oakley
answered on May 9, 2020

It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... View More

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... View More

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2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: A municipality enacted more aggressive measures than the state in regards to their Covid-19 response, can they be sued?

A city and county forced all timeshares closed as part of their Covid-19 response. The state did not close timeshares via their directive. Our particular timeshare has each unit/week deeded and the owners pay their share of the relevant city/county taxes. The city and county have blocked owners... View More

Charles M.  Baron
Charles M. Baron
answered on May 1, 2020

I agree with Mr. Minnick. You'd have to seek a Court ruling that the municipality's action is not legally valid, and to do that, you would need to challenge the constitutionality of the action. There are various "levels of scrutiny" that the Courts use to determine if the... View 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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3 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can you be furloughed if you are on fmla like me?Of 4 managers in my department, I was the only one furloughed.

I am on approved intermittent fmla from my company ( a large publicly traded one) to take care of my elderly mother. I would come in to work about 2 hrs later than regular start time daily to care for my 94 yr old mom before her caregiver arrived. We had been working from home for 2 weeks due to... View More

Alberto Naranjo
PREMIUM
Alberto Naranjo
answered on Apr 8, 2020

This can be a violation based on the facts provided but it will depend on why the picked you and not the others, if it is due to the FMLA, that would be a violation of the law. Getting an attorney involved early on will increase your chances of a better outcome and you can review all the facts to... View More

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