Six customers who say they can't wear masks for medical reasons have sued Giant Eagle, saying they are being treated like "lepers" instead of "guests" in not being allowed in stores without masks in violation of federal law.
The customers have filed six lawsuits in federal court under the Americans with Disabilities Act.
Gov. Tom Wolf's April 19 order requiring people entering businesses to wear masks contains a provision for people who can't wear one because of a medical condition.
The customers and their lawyer, Thomas Anderson, said in the suits that Giant Eagle has ignored that provision, even announcing in a published policy that everyone has to wear a mask with "no exceptions regardless of any reason or medical condition."
That policy, the suits say, is a violation of the ADA.
The suits are all similar.
In one, for example, Paul Shepherd, of Vandergrift, said he tried to shop at the Allegheny Towne Center Giant Eagle in Allegheny Township on May 8 and was turned away. An Army veteran, he said he has breathing and heart problems that prohibit him from wearing a cloth mask. He said he was wearing a face shield instead that covered his face from forehead to chin, but not a cloth mask.
Mr. Shepherd said he explained his situation to the manager and that his condition is protected by federal law. But the manager, he said, told him he couldn't come in. When Mr. Shepherd asked if the manager was aware of the ADA, he said the employee told him "I don't give a [expletive]" and said Giant Eagle follows the governor's mandate.
According to the lawsuit, the manager said Mr. Shepherd could order his groceries and then pick them up. Mr. Shepherd said he would give the manager a list and come back in three hours, but the manager then told him that the Allegheny Towne Center store doesn't offer the service. The nearest store that does is in New Kensington.
Mr. Shepherd then called the police to enforce the ADA but said that the responding officer told him the manager was standing by the governor's order.
The suit is demanding that Mr. Shepherd be allowed to shop at the store without a mask.
Another customer, Debbie Vidovich, of Franklin Township, said she has conditions that affect her breathing and immune system and can't wear a mask.
She tried to shop at the Cranberry Route 19 store on April 23 and was initially waved in by an employee despite not having a mask. But while she was inside, she said, someone at the store called the police, who told her she could be charged with trespassing if she came back without a mask.
She next shopped at the Ohio Township store on May 1. She said she had tried to set up the curbside service for two weeks but couldn't get a time slot and was told she could instead go to the Parkway West Giant Eagle, which for her is much farther away.
She wore a mask at the Ohio Township store as required but said she was short of breath, passed out in the checkout line and hit her head.
In addition to suing for ADA violations, Ms. Vidovich is also bringing a claim of negligence against the store for her injuries.
Stores in Monroeville and McKeesport are also named in the suits.
A manager at the Allegheny store said all comments had to go through corporate offices.
A company spokesperson said not all the stores named are corporate-owned but could not immediately provide a breakdown.
Because the company had not received the suits, the spokesperson said, Giant Eagle can’t comment.
Torsten Ove: tove@post-gazette.com.
First Published: May 26, 2020, 6:49 p.m.