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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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In June of 2020, while shopping at Giant Eagle in Uniontown Pa, I was harassed by a customer because I was going the wrong way in an aisle and not wearing a mask. (At that time it was not mandatory). The customer acted like I had the Black Plague while taking pictures of me and saying Giant Eagle was threatening her life with their policies. She was hollering “she does not have a mask on and is exposing all of us to corona virus”! It was very embarrassing and I haven’t shopped their since.