Hello, all.
I've been here pretty much since TheDonald moved from Reddit (spit) and was ChristianSoldier. I didn't migrate over here until now.
I have not been wearing a mask. I've been asked to leave a few stores, and did so quietly and without making a fuss. That apparently ended today.
Anyway, I needed new glasses, and got a prescription. A few weeks later, I went to an optician to get fitted for glasses, and walked in without a mask. No one said anything about it. One optician came to help me, but she left and the head optician came out and picked up where she left off. The whole 45 minutes or so I was there, no one ever mentioned masks. He told me they'd be ready in two weeks and he'd call.
Last week, the head optician called and said the glasses were ready. So, we drove the 50 or so miles into town today to get them. When I walked in the door, the receptionist insisted I wear a mask and said I couldn't stay without one. So, I left and immediately called and asked to speak to the optician. No answer.
A moment or two later he called back and asked what he could do for me. I calmly explained what had happened and said that there was no way for me to buy the glasses since the receptionist wouldn't let me in the shop. He offered to come out and fit them for me on the sidewalk. I told him that I am not a second class citizen and that if they didn't serve people without masks they should have told me when I first came in and I would have gladly taken my business somewhere else. I told him what he had done was very probably illegal and that I would have to figure out my options.
Legal advice. It seems pretty clear I was discriminated against just because they did not inform me the first visit or when they called me that masks were required for service. The first visit it was clear I wasn't wearing a mask, and when they called, they had prior knowledge that I didn't wear one. They had multiple opportunities to warn me and failed to do so nor did they ask me if I had any medical conditions that prevented me from wearing one. Does one have to sue for a certain type of discrimination or can a business just deny service for any reason as long as it's not race/religion/ etc.?
I don't want to sue them, but this is too far. Do I have grounds to sue the health department for giving bad requirements to businesses? Our sheriff, God bless him, has already said he will not enforce mask requirements. Our two elected commissioners who sit on the county/city health board both voted against requiring face masks. The rest of the board (all appointees) voted to continue it.
What is my legal recourse from here? I'd appreciate any thoughts even from non-lawyers.
Christian advice: Would this be pleasing to the Lord to fight this fight? My own church (tiny church) wouldn't support me on this, and so I have no local human support on this besides my husband. I want to do the righteous thing here. Thoughts? And prayers!
Anyway, thanks for listening.
(*Not a legal pede.) I think you'd have a hard time winning since they tried to "make a reasonable accommodation" to your needs. Perhaps call back and see if there is a way for the optometrist to accommodate you indoors in some fashion (like when everyone else is at lunch or something). More than likely he/she would rather have the sale of the glasses and a happy customer, instead of an angry one. I think trying to work it out with someone, if they are reasonable, would be preferable.