PITTSBURGH – A Western Pennsylvania man with a chronic lung condition says his local supermarket violated the Pennsylvania Human Relations Act, when it turned him away for his decision not to wear a mask while shopping in June 2020.
Robert Haggerty of Brackeridge filed suit in the Allegheny County Court of Common Pleas on April 22 versus Community Supermarket, of Verona.
“Haggerty is a person with several physical conditions that substantially limit his major life activity of breathing and his respiratory and immune system. Plaintiff has a chronic lung condition, including a nodule in his right lung. Healthcare providers have cautioned him against wearing a mask,” the suit says.
“The events complained of occurred at the Community Supermarket in Natrona Heights on June 13, 2020. Haggerty had shopped at this location weekly. Haggerty was in the store shopping without a mask. He was confronted by several employees who swore at him and threatened violence, because Haggerty would not put on a mask. Plaintiff responded that there is no state law requiring him to wear a mask, and that he could not wear a mask due to his medical conditions. The manager said he personally agreed with Haggerty, but he had to enforce the corporate policy.”
The suit explains when Haggerty pointed out that there were customers checking out at the registers without wearing masks, he was told that if people make it to the check-out line without a mask and without being confronted by a manager, they are permitted to purchase their groceries. Subsequently, Haggerty was turned away.
Haggerty explained that when infectious disease mitigation measures were first implemented at the beginning of the pandemic by Gov. Tom Wolf and then-Secretary of the Department of Health Dr. Rachel Levine, exceptions were made for individuals who cannot wear a mask due to a medical condition.
“Despite the Pennsylvania Secretary of Health’s order and CDC recommendations, Community Supermarket implemented policies and procedures that require all customers to wear cloth masks even if they are disabled, and they cannot wear a mask due to their medical conditions,” the suit states.
“Community Supermarket’s policy and procedure violated the PHRA because complainant was denied equal enjoyment of the public accommodation, because of his disability. Complainant believes that he was denied access to a public accommodation and retaliated against because of his disability, in violation of the PHRA.”
For a lone count of violating the Pennsylvania Human Relations Act, the plaintiff is seeking compensatory damages in excess of the compulsory arbitration limits, reasonable attorney’s fees and costs, in addition to a trial by jury.
The plaintiff is represented by Thomas B. Anderson of Thomson Rhodes & Cowie, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-004626
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com