Update:
- Shoppers say they plan to dismiss a class action lawsuit they previously filed against Giant Eagle over the supermarket’s mask policy.
- Shoppers had said Giant Eagle’s mask policy violated the Americans with Disabilities Act.
- Shoppers say they now want to dismiss the class action lawsuit after Giant Eagle terminated its mask policy and other similar cases have been dismissed.
- Giant Eagle is against the dismissal, filing an emergency motion to compel depositions while arguing it has already invested money into the trial and it would cost them more to delay any depositions.
- Giant Eagle also argues that jurisdictional questions regarding state law still remain in the complaint.
- Shoppers argue there is no basis for the court to maintain any jurisdiction.
(06/05/2020)
Giant Eagle faces several lawsuits alleging that the grocery store violates the Americans with Disabilities Act with their coronavirus mask policy.
One plaintiff, Nicholas Conley, claims that he was asked to leave his local Giant Eagle store because he wasn’t wearing a mask. Despite having a valid medical excuse, Conley was allegedly kicked out of the store and even charged by police for causing a disturbance.
In early April, Pennsylvania Governor Tom Wolf recommended that citizens of the state wear a mask whenever they leave the house. Later in the month, this universal masking recommendation was enforced as an executive health order. In addition to social distancing measures, universal masking aims to help prevent or slow the spread of the coronavirus.
“Staying home is the most effective way to protect yourself and others against COVID-19,” Sec. of Health Dr. Rachel Levine said in a press release. “But, if you must go out because you are out of food or medication, then wearing a mask, or even a bandana across your nose and mouth, could be an extra layer of protection.”
However, Conley notes that there are exceptions to this policy if a Pennsylvanian has a medical excuse for not wearing the protective gear.
The plaintiff reportedly suffers from a disability that impacts his ability to breath and concentrate. Based on this condition, Conley doesn’t wear a mask – something that he says got him in trouble when attempting to shop at Giant Eagle.
Conley claims that he tried to shop at his local Giant Eagle store on May 1 without wearing a mask. When in the store, he was allegedly stopped by an armed security guard who told him that he had to wear a mask to shop in the store.
Despite providing a medical excuse for his lack of mask, the guard reportedly deemed this to be “fake” – forcibly removing Conley from the store. Now, Giant Eagle is also pressing charges of criminal trespass against the plaintiff.
The grocery store has reportedly implemented a policy requiring all customers to wear masks while shopping in their stores, even if they have a medical excuse not to. The policy specifically states: “There will be no exceptions regardless of any reason or medical condition.”
“Giant Eagle has adopted and enforced policies and procedures that require all ‘guests’ shopping at all of its Giant Eagle, Market District and GetGo locations wear masks or other face coverings in its Pennsylvania stores,” the Giant Eagle mask policy lawsuit claims.
“Giant Eagle’s policies and procedures make no accommodations for invitees who wish to shop in the stores who have disabilities that prohibit wearing a mask or make wear a mask dangerous to the invitees.”
Conley argues that Giant Eagle’s mask policy violates not only the Pennsylvania Secretary of Health’s order and exceptions but also the guidelines released by the Centers for Disease Control and Prevention (CDC).
The CDC says that face masks shouldn’t be used by “young children under the age of 2, anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove the mask without assistance.”
The agency also directed people to be sure that they “do not have any difficulty breathing while wearing the cloth face covering.”
Despite these recommendations, Giant Eagle has reportedly chosen to implement a universal mask policy regardless of medical exemptions.
Conley claims that Giant Eagle’s mask policy is unfair and also unlawful. He says that he is protected by the Americans with Disabilities Act and that the grocery store is violating the law by denying him equal access to a public accommodation due to his disability.
Six other lawsuits have reportedly been filed against Giant Eagle for the same alleged ADA violations. Further action against the grocer is reportedly on its way.
In a statement to Pittsburg’s Action News 4, a Giant Eagle spokesperson said that Conley appears to have an agenda. The spokesperson allegedly added that people who are unable to wear a mask due to a medical condition can have an employee shop for them, use curbside pickup or be given a courtesy mask to shop in store.
Have you been forced to wear a mask due to store policies? Share your experiences in the comments section below.
Conley is represented by Thomas B. Anderson of Thomson Rhodes & Cowie PC.
The Giant Eagle Mask Policy Lawsuit is Nicholas Conley v. Giant Eagle Inc., Case No. 2:20-cv-00756-NBF, in the U.S. District Court for the Western District of Pennsylvania.
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59 thoughts onGiant Eagle Grocery Store Lawsuit Says Face Mask Policy Violates ADA
I was just at giant eagle in altoona pa today 6/19 @1:30 -1:45 when I was approached by the store manager to leave the store since I did not have a mask. I did explain I was unable let to wear a mask due to my medical condition. The store manager called the cops and I was escorted out by a police officer because I was not wearing a mask. I felt so embarrassed to be escorted out of the store by a police officer especially since i have a medical condition were it makes it hard for me to breath while wearing a mask. I had a car full of items that I was told they would refuse to sell me because I was not wearing a mask.
There is no such thing as a legitimate medical illness that prevents you from wearing a mask. If your doctor wrote you a note saying otherwise it was to avoid a long argument with you, NOT because it’s real. Grow up and follow the rules of shah home and shop online.
Please add me to this lawsuit I was in butler Pa giant eagle.
Add me please
Indiana PA giant eagle,same. Also the Joanne fabrics in Indiana. They were literally pushing the door against my husband who forgot his. So inappropriate
What’s in appropriate is your husband trying to enter a store without the proper attire. If he forgot his pants that morning he would have to go home and get them right? This is no different.
I was not a loud in Giant Eagle in Indiana, Pa unless I wore one of there mask I told them that I have trouble breathing the lady said I had to wear one and she gave it to me it was already opened when she gave it to me I did go into the store but could not get everything because I started to have trouble breathing and sweating really bad so bad my hair was soaked and a couple people asked if I was ok. I used my inhaler and tried to use it again but it felt like heart was beating to fast this was on May 29.
I know I wrote a review on my experience with giant Eagle in Indiana PA If they send you out a flyer for The store they should not turn you away And it is very embarrassing that they talk to you like you’re a child If there is a suit against Indiana PA Giant Eagle I don’t know how to Be a part of it.
What kind of logic is that? There is no legal concept that being advertised to entitles you to anything. Any private business has the right to refuse service to anyone who’s presence could drive away other business and many people will not shop in places where selfish people who refuse to wear a mask – a simple and harmless gesture that keeps people safe and makes them more comfortable.
Same thing happen at AmeriServ financial bank and I have the video of it.
So you took a video of you acting like a Karen who feels entitled to decide which rules she will and will not follow? That’s an odd thing to record
Wow, if that isn’t the pot calling the kettle black! YOU are a KAREN, Bob S.!
If YOU are wearing a face diaper, you’re protected, right? So what is your hang-up following and harassing every forth poster in here?
BOB, GO AWAY.. EVER HEARD OF THE CONSTITUTION? OH YEAH THATS RIGHT… YOUR IGNORANT., AND LACK COMPASSION. YOU ARE OBVIOUSLY POSTING BECAUSE SECRETIVELY, YOU WISH YOU HAD THE GUTS NOT TO WEAR A MASK, BUT ATTACK THOSE WHO WILL NOT. HYPOCRITE.
I would like to join one for Costco please. I have breathing problems and their mask policy makes it very difficult to breath while in the store. I was told I had to have a mask, and with dozens of people around I did not want to disclose my medical condition. It is embarrassing and I feel it violates HIPPA.
Giant Eagle in Aliquippa, wouldnt allow me to purchase my groceries & threw me out for not wearing a mask after telling them i have asthma. They were not even polite. I am a 68 year old senior citizen 5’4″ & they sent a gigantic man up front to tell me to wear a mask or get out & get this, he wasnt wearing a mask. It took alot longer for her ti call him & him to come up front than ti just ring up my limit of 2 pork chops & kleenex, i was already so clise ti the door. I was so upset i could of gotten in a wreck trying to drive home.
Masks do not make asthma worse nor do they lower O2 levels. There is no medical condition that prevents anyone from safely wearing one. If you simply don’t like them though, you are welcome to use curbside pickup. But as an elderly person at very high risk, you should consider thanking them for enforcing rules that keep YOU safe, even though in this instance you are the one that broke those rules.
As for HOW they enforce those rules, citing your physical size compared to the employee who approached you is silly. Do you honestly expect them to intentionally hire small people to approach small customers or treat you differently because you are small? When it comes down to it, you broke the rules and we’re called out for it. No one likes being called out but it certainly doesn’t entitle you to be paid for it
I like to go file a similar suit against Big Lots in Pa. As they are there employees tell me if they return to the store with out a mask they will be asked to leave no matter what the reason.
please add me to the list
Same in NC. Our building AC doesnt work properly. We have no water fountains working. Our kitchen sink in the breakroom has been broken a year. I am a mouthbreather with glasses and have fibromyalgia and was told by corperate I have to wear it at all times or take UNPAID time off. My coworkers are suffering as well. At least 3times I have almost passed out. My one coworker has as well. Please help us. I have called OSHA and nothing.
I just closed on a mortgage without leaving my house. Please stop with the lame excuses that you claim require you to go inside. Obviously you are intentionally looking for opportunities to be offended. Just wear a mask and stop wining about it. If you are so medically fragile that a paper mask that doesn’t impact functional breathing at all
YOU ARE PART OF THE PROBLEM. kEEP GIVING AWAY YOUR FREEDOM, UNTIL YOU CANNOT BREATHE. SOUNDS LIKE A GREAT PLAN.
Do you have nothing else to do but be a dick online? You are clearly not a medical professional and have NO idea what issues masks may cause for individuals.
Yes i had to wear a mask in goodwill otherwise you couldnt come in. I suffer from anxiety and chlosterphobia.