'Okay - your name is Marianna and you're refusing service. "The employee was just trying to do his job. Mask wearing (or not) IS NOT A PROTECTED CLASS. The Unruh Civil Rights Act, California Civil Code Sections 51 and 52, provides protection from discrimination by all business establishments in California, including housing and public accommodations. One person attempted to reassure the store employee on Twitter saying it was unlikely any potential lawsuit would succeed: 'For the 482,885,173,574th time. Over time, nurses CO2 levels became significantly elevated, from a statistical standpoint, compared with beginning-of-shift baseline measures; perceived exertion; perceived shortness of air; and complaints of headache, lightheadedness, and difficulty communicating also increased over time (Tables 3 and and4 ). pt. "Unless it's mandated under state law, stores also have the right to reject cash money as payment. So if the law requires something of you and it is applied equally to everyone, you cannot avoid it by claiming you fall into a protected category, whether it is your race, religion, physical disability or otherwise. 'This is a private business,' the worker responds. In pooled analysis, we found no significant reduction in influenza transmission with the use of face masks" Source: Article, Nonpharmaceutical Measures for Pandemic Influenza in Nonhealthcare SettingsPersonal Protective and Environmental Measures | From the Center for Disease Control Website, "Disposable medical masks (also known as surgical masks) are loose-fitting devices that were designed to be worn by medical personnel to protect accidental contamination of patient wounds, and to protect the wearer against splashes or sprays of bodily fluids (36). individual. UPDATE 12/30/2021 at 8:06 a.m. license or when the license is renewed, written notice of these provisions in English, PRICE CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON BECAUSE OF THE ", Karen Unmasked! CIV Code 51 - 51. (iii) The manifestation of a disease or disorder in family members of the individual. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. A PRIVATE BUSINESS can do whatever the hell it wants INCLUDING REQUIRING A MASK, if they so choose. Masks do not provide the protection people think they do. LINK HERE, (10) WHO, Dr. Mike Ryan:There is no specific evidence to suggest that the wearing of masks by the mass population has any potential benefit. THE COMMENTARY ON THE PHASER.COM REFLECTS THE OPINIONS OF THE PHASER.COM AND OTHER CONTRIBUTING AUTHORS. Hes also a journalist, copywriter, and host of Discovery with Kahron Spearman on KAZI 88.7. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. California Civil Code Section 54 through 55.2 To locate the section you're looking for, go to the " California Law " page. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. 6, 2016). "We advocate the principle that 'knowledge is power' and hope that we can empower each other, and be a little entertaining at the same time. The Attorney General is responsible for enforcing Title II of the ADA, 42 U.S.C. mandates we drive on the right. completely display pricing for every standard service offered by the business under CaliforniaConstitutional Law Location: Wearing a mask can reduce oxygen intake by 20% or more causing the individuals oxygen inhalation to be well below the necessary 19.5 percent. A study on health effects of wearing masks. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. that may be available to an aggrieved party. genetic information, marital status, * * * sexual orientation, citizenship, primary 1. That means you have to go by all the civil codes in California, he says. Karen and Ken end up leaving, realizing they arent going to be served delicious frozen yogurt. You will be personally sued! "Wearing an N95 for an entire 12-hour shift had statistically significant negative effects on some physiologic measures and subjective symptoms. Of course there are limits, but these are basic public health precautions.". A requirement that you not be naked in public infringes on your liberty. Here's why.". The claim: The Civil Rights Act of 1964 allows religious exemptions to mask mandates After several failed efforts to use the ADA, HIPAA and the Fourth and Fifth Amendments to fight mask. CO2 levels increased from a baseline average of 32.4 at the beginning of the shift to 41.0 at the end of each shift. Last 30 Days. (last accessed Jun. "When we're stressed, the immune system's ability to fight off antigens is reduced. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. based on disability include Our California labor lawyers explain Civil Code 51.9. That said, it's important that we don't lose our humanity and respect for fellow human beings. (2)(A) Genetic information means, with respect to any individual, information about any of the following: (ii) The genetic tests of family members of the individual. research that includes genetic services, by an individual or any family member of Check the box next to the appropriate code, and at the bottom, type in the code numbers in the search box and select "Search." Compliance In fact we think it is a violation of law specifically the Unruh Act, California Civil Code 51 to discriminate against your customers on the basis of vaccine status." Curran expects San. https://california.public.law/codes/ca_civ_code_section_51.7. to pregnancy or childbirth. Its best to speak calmly, and in a manner of requesting information. California Civil Cade 51 protects you from being discriminated against and denied entry because of your religion and medication condition (among other things.) For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The Unruh Civil Rights Act, also known as the California Civil Code Section 51 provides protection against discrimination because of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, by businesses in California. (d) Nothing in this section shall be construed to require any construction, alteration, Consumers: Ask Lawyers Questions and Get Answers for Free! (g) Verification of immigration status and any discrimination based upon verified Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Alright, so California civil code 51, or the Unruh Civil Rights Act,starts: All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. California Civil Codes Sections 54 through 55.2 A: Probably not, because 51.7 incorporates 51, which states: "(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or . repair, structural or otherwise, or modification of any sort whatsoever, beyond that https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=51. These are not new developments. Title of the Act Preliminary Provisions Definitions and Sources of Law Effect of the 1872 Codes Division 1. A video trending on Reddit shows an anti-maskKaren couple trying to levy accusations of discrimination on a frozen yogurt shop employee by misuse of the California state law. If you are not sick, you should not wear a face mask. LINK HERE, (7) Columbia University: Psychological Harms of Face Masks: "Many young children burst into tears or recoil when someone wearing a mask approaches. 3) California Civil Code section 51 (b) establishes: "All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are the fee for that license in an amount not to exceed the reasonable costs of providing NO MASK? Universal Citation: CA . "The employee kept calm, the woman stormed out, and the matter thankfully didn't progress to physical violence. Persons. 6 Ralph Civil Rights Act of 1976, Cal. (a) No business establishment of any kind whatsoever shall discriminate against, boycott or blacklist, or refuse to buy from, contract with, sell to, or trade with any person in this state on . condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, Information on this website may not constitute the most up-to-date legal or other information. There is likely a civil law code in your state protecting you from discrimination as well. Contact the businesses you want to visit in advance. 2. There is likely a civil law code in your state protecting you from discrimination as well. That is why we are more susceptible to infections. A couple who walked into a California frozen yoghurt shop are now threatening to sue the store after they were refused service because they did not want to put on a face mask. establishments in California, including housing and public The video begins inside a Frapys frozen yogurt shop in Mission Viejo, California. Contact us. "There is limited evidence to suggest that use of cloth face coverings by the public during a pandemic could help reduce disease transmission. LINK HERE, (4) FDA - Even a properly fitted N95 mask does not prevent illness or death LINK HERE, (5) CDC There is no scientific evidence for healthy people wearing masks. Its best to speak calmly, and the matter thankfully did n't progress to physical violence ( iii ) manifestation! 'S important that we do n't lose Our humanity and respect for fellow human beings AUTHORS. 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