I was kicked out of a store today for refusing to wear a mask. The girl (I’m guessing, always hard to tell with these people) handed me a mask as I walked in. I continued to walk without putting it on my face. She FOLLOWED me and, causing a scene, told me I needed to put it on my face or leave. I turned around, dropped the mask on the floor and walked out leaving my boyfriend standing there with his mask on. I’m DONE with this.
Side note: I also witnessed a man wearing gloves use hand sanitizer today... on the gloves. I’m fucking done. Get me out of this nightmare.
It's not a "theory" that a store can ask you to leave. I have posted verbatim one State's legislated law. It depends on the reason the store asks you to leave though. And that's all they can do. They cannot enforce their 'rules' if it is contrary to the law. In this case it is indeed contrary to the law. An executive order, guideline, recommendation is at all times inferior and subservient to legislated law. See 16 Am Jur 2D Section 98. “An emergency can not create power and no emergency justifies the violation of ANY OF THE PROVISIONS of the United States Constitution or States Constitutions.”
It is unlawful for any company or store to attempt to enforce local ordinances (ie. EO). Only law enforcement can act in this capacity. Legally, it is far better to invoke your medical condition or religious exemption rights. Regrettably here, the current business policy does not acknowledge the Exemption Section for a medical condition of the Executive order [ordinance], or recognize State and Federal law and the civil and criminal consequences for violating such laws. Enforcement of this company policy is impersonating a law enforcement officer and is a crime in this State. This is why the store must call the police. It is only the police that can enforce a law.
It is unlawful to impersonate a peace officer. It is indeed harassment if an individual suffers “mental distress, mental suffering, or mental anguish as demonstrated by a victim's response to an act”.
That being said, you need to review your State law and the Federal law as well. There is no law requiring wearing a mask. In fact, in many States their are laws forbidding wearing a mask or concealing one's identity. We have the overwhelming weight of the law on our side if only people would invoke it.
16 Am Jur 2d., Sec. 97: “Then a constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property.” Bary v. United States - 273 US 128 “Any constitutional provision intended to confer a benefit should be liberally construed in favor in the clearly intended and expressly designated beneficiary.”
Federal law prohibits the ”denial of participation” from this business establishment as found under 28 CFR §36.202.
Under 28 CFR §36.202(c) further states that unless I have been individually assessed as a “direct threat” you may not exclude me from the same and equal services as others.
Denying service is a violation of Title II, III, and VII of the U.S. Civil Right Act of 1964.
Title III Sections 28 CFR §36.202(a)(b)(c) and 28 CFR §36.203(a)(b)(c) state that I shall not be denied the same participation and equal access as everyone else. The law prohibits any business from treating anyone differently or from serving anyone separately.