People who identify as having a medical condition or disability say they were kicked to the curb, forced to leave, and publicly embarrassed because of Giant Eagle’s no exception mask policy. As a result, Pittsburgh, PA Attorney Tom Anderson has now filed multiple lawsuits (in federal court and with the state's Human Relations Act) on behalf of 30 claimants and the stack on his desk keeps growing. In fact, the claimants are now growing at such a substantial rate that he can barely keep up. "When I came in this morning and checked my voicemail here at work, I filled an entire sheet of people who called,” he says.
“These folks are going into the store and saying ‘wait a minute, I have the order from the state health secretary that says there’s an exception and you’re not even supposed to ask me what the medical condition is.'” The health department issued that order, effective April 19: “Individuals who cannot wear a mask due to a medical condition (including children under the age of 2 years per CDC guidance) may enter the premises and are not required to provide documentation of such medical condition.”
Legal Notes on Masks:
1. Executive orders are not Law. In fact, the attempt to legislate via decree or executive edict by a Governor, County Executive, or Mayor is a violation of the separation of powers within the United States Constitution. That Constitution just so happens to be the Supreme Law of the Land according to a landmark Supreme Court Ruling (Marbury vs. Madison, 1803). Thus, the mask order is on its face illegal and should not be complied with.
2. For those returning to work (employees) who are mandated to wear a mask at all times, you should be aware of OSHA's requirement for breathing air to have at least 19.5% oxygen content. (Federal Register, Vol. 63, p. 1159.) "The rulemaking record for the Respiratory Protection Standard clearly justifies adopting the requirement that air breathed by employees must have an oxygen content of at least 19.5 percent. A lesser concentration of oxygen in employees' breathing air could endanger them physiologically and diminish their ability to cope with other hazards that may be present in the workplace."
3(A). As to the basis for the 19.5% requirement, the following was taken directly from the United States Department of Labor's Website: Human beings must breathe oxygen . . . to survive, and begin to suffer adverse health effects when the oxygen level of their breathing air drops below [19.5 percent oxygen]. Below 19.5 percent oxygen . . . , air is considered oxygen-deficient. At concentrations of 16 to 19.5 percent, workers engaged in any form of exertion can rapidly become symptomatic as their tissues fail to obtain the oxygen necessary to function properly (Rom, W., Environmental and Occupational Medicine, 2nd ed.; Little, Brown; Boston, 1992). Increased breathing rates, accelerated heartbeat, and impaired thinking or coordination occur more quickly in an oxygen-deficient environment. Even a momentary loss of coordination may be devastating to a worker if it occurs while the worker is performing a potentially dangerous activity, such as climbing a ladder. Concentrations of 12 to 16 percent oxygen cause tachypnea (increased breathing rates), tachycardia (accelerated heartbeat), and impaired attention, thinking, and coordination (e.g., Ex. 25-4), even in people who are resting.
3(B). At oxygen levels of 10 to 14 percent, faulty judgment, intermittent respiration, and exhaustion can be expected even with minimal exertion (Exs. 25-4 and 150). Breathing air containing 6 to 10 percent oxygen results in nausea, vomiting, lethargic movements, and perhaps unconsciousness. Breathing air containing less than 6 percent oxygen produces convulsions, then apnea (cessation of breathing), followed by cardiac standstill. These symptoms occur immediately. Even if a worker survives the hypoxic insult, organs may show evidence of hypoxic damage, which may be irreversible (Exs. 25-4 and 150; also reported in Rom, W. [see reference in previous paragraph]).
https://www.osha.gov/laws-regs/standardinterpretations/2007-04-02-0
4. The Americans With Disabilities Act (ADA) should definitely be in play here as the grocer is treating these customers differently than all else. The very act of segregation is inherently discriminatory.
5. Your rights under HIPAA should also come into play as the following information is protected under law: "Information your doctors, nurses, and other health care providers put in your medical record, Conversations your doctor has about your care or treatment with nurses and others, Information about you in your health insurer’s computer system, Billing information about you at your clinic, Most other health information about you held by those who must follow these laws"
https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
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