Giant Eagle store sued over its pandemic mask policy
Allegheny Township PA May 28 2020
At least seven lawsuits have been filed against Giant Eagle claiming the grocery store chain’s mask policy during the coronavirus pandemic is discriminatory toward disabled shoppers who cannot wear them.
The customers filed the lawsuits in federal court under the Americans with Disabilities Act.
In a statement Wednesday, Giant Eagle spokesman Dick Roberts said the chain is reviewing the complaints and would not comment further.
Paul Shepherd of Vandergrift is among the plaintiffs. Shepherd is a military veteran who said he cannot wear a mask because of several health conditions that affect his breathing and cardiac and respiratory systems.
Shepherd’s lawsuit contends he was denied entry at the Giant Eagle at the Allegheny Towne Center in Allegheny Township on May 8. He said he was wearing a face shield that covered his face from forehead to chin, but no cloth mask.
When denied entry to the store, Shepherd said he explained he was a disabled veteran and asked to speak with a manager. Shepherd reportedly asked the manager – who did not provide his name – if he was familiar with the ADA.
According to Shepherd’s complaint, the manager responded, “I don’t give a [expletive] about them. We follow the Pennsylvania governor’s law. No mask, no entry.”
The lawsuits were filed by Pittsburgh attorney Thomas Anderson. He said Wednesday that the complaints speak for themselves and declined further comment.
Another plaintiff, Debbie Vidovich, said she was trying to shop at a Giant Eagle in Cranberry in late April. While she was initially allowed into the store without a mask, employees later called the police and reported her for trespassing.
Vidovich said she later tried to shop at an Ohio Township location on May 1, but was denied entry again. She said she tried to schedule curbside pickup for two weeks but was unable to get a time slot. Eventually, according to Vidovich’s complaint, she donned a mask to shop at the Parkway West location, which exacerbated her disability – she became short of breath and passed out in the checkout line.
Even after leaving the store, Vidovich said he experienced elevated blood pressure, dizziness, headaches and a burning sensation in her lungs for days.
Multiple plaintiffs complained that they were denied service after producing a medical excuse to store employees, proving they were exempt from Wolf’s mask policy.
Nicholas Conley of Verona said he was approached by an armed security guard who declared Conley’s medical excuse was “fake” and then grabbed him to remove him from the store.
Several plaintiffs said they were physically escorted out of the store – which they point out violated the company’s own social distancing rules.
All of the lawsuits allege Giant Eagle has violated the ADA, which applies to public accommodations. Because they requested an accommodation based on his disability, the lawsuits claim Giant Eagle could not legally deny services. The lawsuits also allege several aggressive measures on the part of the company.
Some of the lawsuits request punitive damages for emotional or physical distress.
“Giant Eagle employees and security guards have verbally harassed and physically threatened ‘guests,’” the complaints read.
Gov. Tom Wolf set the policy in mid-April that businesses require customers and workers at essential businesses to wear masks on the premises, and many states have set similar measures. The policy states that all individuals over the age of 2 must wear a mask, except in the cases of medical exceptions—which do not have to be proven.
The policy has caused some controversy as some see it as a violation of individual rights. Still, experts insist wearing masks in public is essential to curbing the spread of the coronavirus and many see it as a minor inconvenience.
In his complaint, Shepherd claims that Giant Eagle’s policy has caused “irreparable harm” as he has been deterred from shopping at Giant Eagle stores since the incident. He has requested the court to require the grocery store chain to allow him to shop in its stores without wearing a mask, as well as compensation for litigation expenses.
