Washington Mask Education- Great Stuff!

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I came across the following blog today which shares some very interesting information. Here are some excerpts:

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KNOW THE FACTS

In 2005 the Washington state court of appeals concluded that not allowing a disabled individual to shop on her own or select her purchase could qualify as a “restriction” … prohibited under RCW 49.60.215.

The Washington state mask mandate explicitly exempts people with certain disabilities or health conditions, people who are deaf or hard of hearing, and children under the age of 2.

ANSWER THE FOLLOWING

1) Does the unmasked individual present a direct threat to your place of business per Title III Section 36.208?

2) Do your employees or customers patronizing your establishment who wear their masks incorrectly, or wear masks with materials such as gauze, mesh, etc; or individuals repeatedly removing and adjusting their mask while touching their face and other surfaces within your premises present a direct threat to your place of business per Title III Section 36.208?

If you answer yes to both and you are refusing the unmasked individual the ability to access your establishment, you are in violation of RCW 49.60.215.

If your answer to #1 is yes and #2 is no you are willfully discriminating against the unmasked individual which is again, a violation of RCW 49.60.215

STORMS VS. FRED MEYER COURT OF APPEALS OF WASHINGTON, DIV 1.

Sherry W. STORMS, Appellant, v. FRED MEYER STORES, INC., Kevin Elicker, and Robert Weidemeyer, Respondents.

NO. 55288-1-I.

…WE ALSO FIND THAT THERE WAS SUFFICIENT EVIDENCE TO ESTABLISH THAT THE DEFENDANTS’ VIOLATED RCW 49.60.215 BY NOT ALLOWING STORMS TO DO HER OWN SHOPPING WITHIN THE STORE… THE TRIAL COURT SPECIFICALLY FOUND THAT STORMS “WAS NOT ALLOWED TO SHOP ON HER OWN OR SELECT HER PURCHASE.”  THIS COULD CERTAINLY QUALIFY AS AN ACT RESULTING IN A “RESTRICTION” … PROHIBITED UNDER RCW 49.60.215.

RCW 49.60.215 UNFAIR PRACTICES OF PLACES OF PUBLIC RESORT, ACCOMMODATION, ASSEMBLAGE, AMUSEMENT… It shall be an unfair practice for any per- son or the person's agent or employee to commit an act which directly or indirectly results in any distinction, restriction, or discrimination, or the requiring of any person to pay a larger sum than the uni- form rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, pres- ence, frequenting, dwelling, staying, or lodging in any place of public resort, ac- commodation, assemblage, or amuse- ment, except for conditions and limita- tions established by law and applicable to all persons, regardless of race, creed, col- or, national origin, sexual orientation, sex, honorably discharged veteran or mili- tary status, status as a mother breastfeed- ing her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a person with a disability except as oth- erwise required by law: PROVIDED, That behavior or actions constituting a risk to property or other per- sons can be grounds for refusal and shall not constitute an un- fair practice.

Read more at the link here:

https://washingtonmaskeducation.wordpress.com