Making Businesses RESPECT your ADA rights when it comes to masks - Level 9000
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Oh yeah, I guess backstory would make sense.
Believe it or not, up to this point, I've only been approached once about not wearing a mask since last March. And the police were called. And I was trespassed.
Today, this was different.
Went to A Hardware store to get something, which they didn't even have, which sucked extra.
Woman yelled at me when I walked in, to put on a mask. I ignored her.
Manager came up to me, and gave me "Power Trip Ammo 1", you can shop here, but we won't check you out.
ADA Question 1: So, you are refusing me service for not wearing a mask?
Yes.
ADA STATEMENT 1: I have a medical exemption that is exempted in the state mandate.
Can I see it?
ADA St 2: No, you are not legally allowed to ask for it.
I won't check you out.
ADA Question 2: So, you are refusing me service for not providing a doctors note?
Yes
ADA St 3: That is illegal for you to refuse me service on those grounds.
ADA St 4: I have a note in my wallet, you can have it or my money, which would you like?
Well, I'm not checking you out without it.
ADA St 5: Ok, here is my note. Please write down your District Manager's number on your business card.
(I put ADA Statement and Question, because THAT IS HOW YOU DO IT TO HAVE A LEGAL CASE).
Why did I show the note? Read all the ADA rulings on cases... those that refuse the note, don't fare well. Plus you have 1 less violation.
The district manager was actually kinda a prick when I first started talking to him...
His tone softened when I told him, his fine would be MINIMUM $75,000 and probably near a quarter million, "And I know how franchises work... you may have a CORPORATE legal team, but that cost comes from your profit line ON THAT STORE", and you'll pay MY legal fees AND yours.
Update to it... I called the manager that apologized to me and apologized to him for my tone. I can be imposing and loud when people are stepping on my rights. Gave the district manager a few links from our Gov proving the exemptions, and that he cannot ask for my "papers". State your case loudly, be bold... avoid being a dick. I'm not perfect, and I'm pretty close to dick, so I'm not preaching there, just saying, try to be better than me, lol.
And while I have your ear... Please, for the love of god, don't mention HIPAA. They have NOTHING to do with this situation. You mention the ADA, Americans with Disabilities Act, Title III. Providing accommodations for customers with disabilities. And that it is a $75,000 fine PER offense, for JUST THE FEDERAL ADA. Many states have individual ADA laws that they are violating also. In this case, there were THREE violations, $225,000 fine. Refusing service, demanding my "papers", and failure to provide accommodation.
I’m assuming you actually had a doctor’s note? As in, this wouldn’t work if someone didn’t have a recognized disability?
Yes.
For most of the states, they have reasonable exemptions, such as autism, sensory processing disorders, claustrophobia, PTSD, and trauma.
If you don't have a Gen. Practitioner that you use, it might be time to shop for one that is inexpensive for first time visits.
Autist power.
Bless you. Bully these covidtards right back
IIRC, a business has the right to refuse service under a clause in the ADA which allows exemptions in the case of direct threats to public health and the EEOC already declared that covid falls under this.
HOWEVER, I believe there's still the angle that the business still has to try to provide some reasonable accommodation for equal access to the goods/services, so if you happen to run into a store manager who somehow actually knows the details of the law on this, approach it from the angle of they can't kick you out unless they try to find some alternative accommodation first. Hopefully they decide they just don't want to deal with that and they relent. It's been a while since I studied the ADA in college and I don't work as a lawyer so the legal experts can correct me on this.
Correct, on both statements.
There IS however per ADA requirements to satisfy the Direct Threat clause. Am I coughing? Sweating? Look pallid? They are a hardware store... grab a IR thermometer and take my temp... which I am OK with.
Since I didn't show symptoms... they had little recourse with that clause.
And yet, as you said... they could have requested I go back outside, after getting my list of what I needed, and complete my transaction from my car in the lot.
But they didn't and that's an additional charge.
I probably didn't make it clear. An apology is what I requested in lieu of escalating to legal recourse. They satisfied my requirement, which was mainly to FORCE them to understand the ADA.
back story please
you're right... I made a comment below with info.
I to prefer to apologize in word.
You missed a
:)
No, I mean in Microsoft Word.
No I meant Microsoft Word. Nothing says apology like a word processed document!
Lol, I agree... although I didn't give him an alternative... I had just spent 2 hours driving the limits of my city looking for 1 stupid part that nobody had, in a stupid bid to support local businesses. I wasn't willing to drive 20 min for an apology. I specifically told the DM that he can send the apology to my phone.