A flood of federal lawsuits against Giant Eagle over its coronavirus mask policy has reached more than 30 in Western Pennsylvania, all claiming that the supermarket chain is violating the Americans with Disabilities Act.
The cases, all filed by attorney Thomas Anderson since mid-May, accuse the stores of ignoring Gov. Tom Wolf's provision that people who have medical issues that preclude wearing a mask are exempt.
Instead, customers with breathing problems say they are being turned away.
Mr. Anderson initially filed seven such suits in May.
Since then, other customers with disabilities who can't wear masks have joined in.
Several more suits showed up on the docket just this week.
Most of the complaints have a similar theme.
Jeffrey Coulson of McKeesport, for example, filed suit Monday. He said he tried to shop at the store in Kennedy on April 24 without a mask. As soon as he walked in, he said, he was stopped by a guard who asked him why he didn't have one. He said he can't wear one because of anxiety and allergies. The guard summoned the manager, who told him "too bad, so sad, you cannot enter the store without a mask," according to the complaint.
Mr. Coulson said he left "humiliated and intimidated."
The suit, like all the others, says Giant Eagle is violating the ADA by not adhering to the governor's exemptions. The suit, like the others, also says that Giant Eagle publicly stated that the company has "decided not to comply with the accommodation" of an exemption for people with medical conditions.
“It’s too easy to make up an excuse not to wear a mask, and we refuse to put our team members and customers who do wear a mask at any more risk than they already are. Health and safety of our community is more important to us than business," the chain said, according to the suits.
However, Giant Eagle does not require its employees to wear masks if they provide medical excuses, the complaint says.
“We believe these lawsuits have no merit, said Giant Eagle spokesman Dick Roberts. “At Giant Eagle, we are committed to safeguarding the health and well-being of our Team Members and guests, while creating a safe and comfortable environment for everyone.
“Consistent with guidance from the Center for Disease Control and the Governor's recent safety order, we made the decision to require all Giant Eagle, Market District and GetGo Team Members and guests to wear masks or other face coverings when working or shopping in our Pennsylvania stores,” said Mr. Roberts. “We have numerous options in place to accommodate guests who do not want to wear a face covering or cannot wear a face covering due to a medical condition. This includes offering to have one of our Team Members shop for them, suggesting use of our Giant Eagle curbside pickup and delivery service, and offering courtesy masks to those able to shop while wearing one.”
In the earlier suits, filed over denied-entry incidents at Giant Eagle stores across the region, customers said they have been treated like "lepers" instead of "guests," which Giant Eagle likes to call its shoppers.
Most customers say they can't wear masks because of breathing issues.
Paul Shepherd of Vandergrift, for example, said he tried to shop at the Allegheny Township store on May 8 but was turned away because he didn't have a mask. He said he has breathing and heart problems that prohibit him from wearing a cloth mask. He wore a face shield instead that covered his face from forehead to chin.
But, according to his suit, the manager wouldn't let him in and told him he didn't "give a [expletive]" about the ADA and that Giant Eagle was following the governor's mandate.
First Published: June 18, 2020, 6:54 p.m.