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
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Unless businesses provide the same service to non mask wearers as to mask wearers they violate ADA. Not being able to wear a mask is a functional handicap when businesses deny you entry. My husband was thrown out of Walmart in Houston, despite us calling beforehand to alert them that he wouldn’t wear a mask. They said, just talk to a manager when you arrive. But at the store he was asked to leave. We had an urgent financial errand, and our bank was closed. If Walmart supplied money services online, there wouldn’t be a problem. But they don’t. They should accommodate the needs of non mask wearers as for other people with handicaps. I’m reporting them for ADA violation.
Amazon Pantry…. you get all the groceries you need without having to put me and my kids at unnecessary risk. Oh… and my grocery bill doesn’t have to go up to pay for you to feel entitled to to only follow the rules you feel like. I’m sorry your husband has difficulties wearing a paper mask but that’s what he has to do to go to public places during a pandemic. I have a kid who itches horribly with any shirt on… guess what? When he needs something he either sucks it up and puts on a short and we make it the shortest trip possible or we get what he need on his behalf. But you know what we DONT do? We don’t claim he is exempt from societies rules… and going shirtless has no chance of killing other shoppers. Imagine that…
Hey Bob, if someone had burns on their body and couldn’t wear a shirt would your force them to- probably because you’re a control freak. There are medical reason not to wear a mask, one being hypercapnia. Another reason not to wear a mask is they won’t protect you from disease. They are for particle filtration. Also masks can and will harbor massive amounts of bacteria as most everyone doesn’t engage in hand washing protocols. As for societie’s rules- in the 60’s people were segregated based on their color if their skin and in the 30’s a certain group of people were ostracized into economic ghettos. Rules often violate civil rights. So shove your societal rule up your arse. You stay at home if your afraid.
Please start one for IKEA in Conshohocken PA. I was there with my son a few days ago. We do qualify for an exemption based on Gov Wolf orders; Mental, Behavioral and Medical, BUT in the interest of trying to avoid the mask shaming we have been getting for the past months, and because we drove an hour to IKEA and did not want to have to be forced to leave, we wore a mask in the store. At one point, I could not breathe, pulled my mask below my nose, not totally off, below my nose, and I also could not see because of eyeglasses fogging. I was harrassed by a store employee who told me to “put your mask over your nose.” I told him, ” I cannot breathe,” and the other employee working with him said, “masks save lives, masks save lives.” He also told my son to put on his mask, which he was wearing, but also was having trouble, so I told him to take it off. So the employees and I exchanged words, my son hid behind a wall, and the male then got on the store phone ,and loudly said into the phone, ” we have a non mask wearer, we have a non mask wearer here. ” So, we stopped shopping, and went to the check out, which was DOWNSTAIRS.. While I was waiting in line, without my mask on now for obvious reasons, (rage, sweating, etc), the “line montior employee” walked up to two separate employees and whispered something in their ears. So, they all then turned and stared in my direction. The women who checked me out, (part of the gossip crew), did not say one word to me, no hello, nothing. And THEN, after we checked out, someone on the loudspeaker said, ” Attention IKEA customers, attention, due to Gov Wolf’s orders, customers musk wear a mask at all times in the store. This mask must cover your nose and mouth at all times.” Of course they never mentioned exemptions over the loud speaker. Coincidence or aimed at me and my child? I think us. Either way, we originally complied and were still humilitated, harrassed, and my son was terrified. Unreal. I have reached out to the corporate headquarters in PA, next door to the store, and contacted the CEO and left a message. Do not expect to hear an apology, or a call for that matter. How in God’s name have we gotten to this point in our country, where people are attacked for this kind of crap? Seriously? I am speechless. I hope this never happens again to another parent/child, etc. of a special needs. This is why I am posting…. This mask shaming garbage has got to stop. ADA people are really having a hard time!!! Get that through your brains Corporate geniuses!!!
Here’s an idea… SHOP ONLINE. People are dying of a virus and you think that your need to see the lamp you want to buy in person is worth putting me and my kids at risk of dying? Life has rules and they aren’t always convenient. Grow up.
These are Civil Rights and Constitutional violations. Equal access to all facilities must be provided. Curbside pickup is like setting up separate drinking fountains for blacks and whites. We are allowed to enter stores just like anyone else. Wheelchair access is provided for the disabled for just this reason. I am filing a lawsuit as well.
The service is access to groceries. Curbside pickup provides that. The amazing part is you don’t see the selfishness in doing something that could KILL someone else when you have an alternative that won’t…. just because you have an unrelenting need to pick out your own damn apples. I’ll tell you what… how about I give you the name and address of my uncle who will be laying his wife of 20 years to rest this weekend since he just died of Covid and if you can convince him that his wife’s death was worth your need to shop in person, then you have my full support.
So who died? Your uncle or his wife? Are you making this up? Please post his or her full name and the town and state they live in so views can confirm this information online.
Thank you in advance for providing his or her full name and location.
Washington, PA is just as bad. I’ve had to use medicated eye drops because wearing a mask caused me to have infections in my eyes that hurt and felt like I had pink eye. My son has asthma and has trouble breathing with a mask on. Went to Giant Eagle today 7/16/20, already had everything I needed and was in check out., the manager came over and asked me to put on a mask and handed me one. However, I would like to point out, the masks were not in any type of protective covering and he wasn’t wearing gloves or anything to protect against him holding them. So, if this whole thing is contractible by the air and touching infected items, isn’t an associate handing you a mask not in protective covering defying this whole thing anyway?!
If you don’t like the free mask you are offered Or the way it was handed to you then just wear one of your own.
Just wanted to wish all those involved the best of luck in winning this.
Same here Rachel….I’ve had contact with corporate and was told unpaid time off. I have to feed my kids.
Please add me to this lawsuit as well. I was not allowed into my bank (Wellsfargo) without a mask and others were allowed in with a mask. My medical conditions prohibit me from being able to wear a mask.
Does your bank not have a drive through??
Seriously? Snarky? It is difficult to do LONG TRANSACTIONS at the drivethru, okay? And just because there is one, does not mean you should be mandated to use it because you have mask issues.
I just closed on a mortgage that I did 100% from home. Stop whining and either put on a mask or stay home.
I use the Giant Eagle in Indiana Pennsylvania. Every single time I go in there the person at the door assaults me with her profanity and views on wearing the mask and that Giant Eagle demands we have them on. I have different beliefs and I have health problems that keeps me from this. I will not let the government tell me what to do. We all know this pandemic is a big political scare to the people. Our governor has already lied about the numbers and our local hospital is already adding numbers that don’t exist for every person that walks in the hospital. The person at the door that assaults me verbally should be very lucky that I don’t pursue further actions of physical harm to her.
Please add me to the lawsuit.
Grow I’m and put on the damn mask. It’s harmless easy and whether you believe in covid or not it makes people around you feel more comfortable. Stop looking for a needless fight just to feel powerful
There is NO proof masks work. There are studies showing they do not. There is much proof indication mask wearing harms the wearer.
If you’re that afraid – stay home!
Walmart had a lady follow me telling my wonwho has a speech issue and his mask gets wet and gives him abad rash on his face and the lady kept saying mam you have to leave the store if he wont keep his mask on he was crying what is a mom suppose to do when her kids father works 80 hours a week…
my son
Curbside pickup.
Order online, and do curbside pick up. It’s actually much easier than dragging any child into a store. Duh!
You really need to troll somewhere else.
You have several options. There are plenty of masks that don’t touch the face near the mouth. There are also mask guards specifically for their purpose.
If you kid is old enough He can stay in the car. You also could use curbside pickup. As a last resort you can explain that just like someone who breaks out whenever they put shoes on, he wi have to put up with a little discomfort for the sake of following rules meant to keep people safe.
When was the last time you saw Bill Gates wearing a mask?
oH YEAH, REMEMBER F/U FAUCCI AT THE BALL GAME WITHOUT ONE, AFTER HE TOLD US TO OBEY AND WEAR ONE? OH, AND GOV WOLF ON A HOT MIKE LAST YEAR, SAYING, ” i BETTER PUT MY MASK ON… YOU KNOW “MASK THEATER,” WHILE TALKING WITH A DEMOCRAT REP.. YOU CAN LOOK UP, “GOV WOLF, MASK THEATER,” AND FIND THE CLIP. BUT SADLY FACTS ARE IGNORED AND WE CONTINUE TO PRETEND THERE IS NOT A PINK ELEPHANT IN THE ROOM.. AND THE LOOP GOES ON AND ON AND ON….