If you’ve been denied service or entry to a store for not wearing a mask, then it is time to do something about it. We cannot go on not standing up for our rights, are you willing to let your kids grow up as a prisoner of big brother?
Oh how times have changed…
The basis of their reasoning for denying your entry is because it is believed that places like grocery stores and coffee shops are private businesses and thus only subject to what the owners desire.
This is not the case. These places are treated as places of public accomodation. If you would be upset for being denied entry somewhere because the color of your skin, then you should be pissed about this as well.
We must look at a particular section of the law to fully understand.
42 USC § 12181 (7)
(7) Public accommodation: The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce—
(A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food or drink;
© a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(D) an auditorium, convention center, lecture hall, or other place of public gathering;
(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(G) a terminal, depot, or other station used for specified public transportation;
(H) a museum, library, gallery, or other place of public display or collection;
(I) a park, zoo, amusement park, or other place of recreation;
(J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
So while many of these are commonly thought of as private businesses, they are treated like places of public accomodation. This means that the owners/operators do not have the right to discriminate people attempting to enter the store.
42 U.S. Code § 6102.
no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.
Someone calling the cops on you for entering a place of public accomodation without a mask is equivalent to a white store owner saying a black customer couldn’t come into the store, and calling the cops.
It is EXACTLY the same thing.
The sad truth is that some of the officers enforcing this do not know this. The even harsher truth is that many of them are completely aware of this, but do not want to buck the chain of command and instead blindly follow orders. It must be made known that they are violating their oath.
It is time to hit them with the book so to speak…
You want to pick a fight, and win it.
It would be very wise to record this encounter, audio is preferred.
Say you walk into a place of public accomodation, and you are blocked from entering the store. The best thing to do in this situation is to request to see the manager. It’s important to remain as calm and speak as authoritatively as possible, they must know you know the law.
It would help to have a checksheet with you, paper and pen works for this because when they see you writing they will understand the severity of the situation.
- Get the name of the person denying you entry or service.
- Get the person to admit what it is that they are doing, for instance.
- Are you the manager of this facility right now?
- So, you are responsible for this entire facility at this time?
- I just want to confirm that you are denying me services, because i have a disability.
This should be a turning point, because they understand what this means. However, if he persists and states that it’s policy/mandate then a few key phrases are…
- Ok, so your requiring a medical intervention for me, and if I act upon your medical intervention and I collapse due to wearing a mask, and you haven’t conducted any medical examination, so you don’t know my medical history at all…
- Are you competent, are you the physician on site?
- Is there a physician on site?
- Are you willing to accept liability and responsibility if I were to collapse in an unconscious state, do you have insurance for this?
This is typically a turning point for them, because this means something to them, they know. More than likely they will either let you in at this point or call the cops.
Another thing that may happen is that they might tell you that they’re just following corporate policy and tell you that you can call them. A good reply to this would be…
No, I’m going to let YOU call corporate to make sure YOU are in line with corporate policy because I Don’t work here. I simply want to be treated like everyone else, thank you”
If they do not, and refuse to allow you to enter the store, then you can ask them if you can get that in writing with their name, store number, and reason for doing so with a signature.
If you want to actually win this case, it would be wise to leave before the cops arrive. You now have what is called a cause of action.
If you want to push it further, which I wouldn’t recommend… Here are some things that one may want to do.
If the cops arrive they will generally inform you that this is not an issue of discrimination, but trespassing instead.
This is where it would be a good idea to inform them that while this is a private business, it is treated as a place of public accomodation, according to 42 U.S. Code 12181 Section 7.
42 U.S. Code 12181 Section 7 states: Public accommodation: The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce—
Then just go on down the list, if they allow you to. Things might get heated at this point. It is important to note that once the police arrive, and you begin to state your case, they may refuse to listen and urge you to leave. If you do not comply when they tell you to leave, you are facing an actual trespassing charge. Which frankly, isn’t right, because they are supposed to work for us.
Just remember that some of them are like children with guns. Think logically.
If we’re going to come out of this, I think the only way to handle these types of situations is through paper so to speak. We need enough people fighting back and saying NO!
I’ll follow up to this sometime in the future, but just wanted to get this out there.
Here are a few examples from members of the community where tactics like this have worked.