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Could a lying anti-masker get sued?

independentusa

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.
 

Yakshi

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I believe that some store owners are simply kicking out all non-mask wearers. I think that it's the right move.

Let the lunatics scream law suit from the parking lot.

Maybe if they trip over their own feet while doing so, their video will get some hits on TikTok.

In that way, they will know that they are finally making a difference.
 

Checkerboard Strangler

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.

Or their family could just make sure the rest of their life is short and filled with agony.
I am taking a risk every time I venture out, which is extremely seldom the last six months but after watching similar nonsense occurring just a few miles from where I live, I have decided that concealed carry in California is worth the risk if I or anyone in my family are approached and threatened. Even if I wind up being punished as a result of defending myself or loved ones from a radicalized super-spreader, at least I will know that my family is safe.
 

Chillfolks

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.



Jesus Christ you didn’t think this rant out.

You would need to test everyone who did or didn’t wear a mask that went to that store within a certain time frame, if you happen to have a none masker test positive then you would need to prove beyond a certain level of doubt that the none masker was the source of infection requiring testing any and all other people the sick person came in contact with over prescribed time frame proving the none masker was the source of infection. Having anyone else test positive The sick person may have also come into contact with raises reasonable doubt in a court of law that you couldn’t say for sure the none masker was the source.

But I can support this idea as long as the family of the sick person must pay a fine, looses all COVID related assistance, and the family must pick up 100% of the testing and court costs associated with them not being able to prove it was some random person they passed in a store that got their loved one sick because they didn’t have a mask on.
 
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independentusa

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[/b]


Jesus Christ you didn’t think this rant out.

You would need to test everyone who did or didn’t wear a mask that went to that store within a certain time frame, if you happen to have a none masker test positive then you would need to prove beyond a certain level of doubt that the none masker was the source of infection requiring testing any and all other people the sick person came in contact with over prescribed time frame proving the none masker was the source of infection. Having anyone else test positive The sick person may have also come into contact with raises reasonable doubt in a court of law that you couldn’t say for sure the none masker was the source.

But I can support this idea as long as the family of the sick person must pay a fine, looses all COVID related assistance, and the family must pick up 100% of the testing and court costs associated with them not being able to prove it was some random person they passed in a store that got their loved one sick because they didn’t have a mask on.

You would not be in a court of law where you would need absolute proof, all you would have to do is convince a jury in a civil case that their negligence lead to the death of your family member. You would probably have video evidence as the person in question would be the only person in the store without a mask and thus the probability that the person was the source of the illness would be high. I did not say it would be a slam dunk, but you never know how juries will react, especially if they can determine you lied and at this point they would get to your medical records.
 

VySky

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.

I have a praise report. Most places here allow 60 and older in the stores first 0700-0800. The mask/age nazi's start hollering such (60 and /over only) the minute I get out of my truck. I just keep walking then say, "I know, that's why I'm here"...
 

Condor060

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.

I agree. So we should be able to file lawsuits against BLM and Antifa for infecting millions through there refusal to honor mandated mask requirement and social distancing procedures.
 

BlueTex

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.

The more realistic scenario is that a state has a mask mandate but the business doesn't enforce the mandate and an employee contracts COVID and is permanently disabled or dies. The family sues the business (much richer target).

You might be interested to know that is one of the sticking points in the current congressional legislation. The GOP wants to shield businesses from this liability and the DNC does not.
 

Drowning Man

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right.

Are they?

Fact check: ADA does not provide blanket exemption from face mask requirements

The claim: The Americans with Disabilities Act exempts people from face mask requirements imposed by governments and retailers
Face mask use has been a source of confusion and contention amid the COVID-19 pandemic. As new outbreaks of the coronavirus grow across the country, some anti-mask activists have claimed that policies mandating mask-wearing infringe on disability rights.

“According to ADA Mask Not Required Anywhere in America!” reads one flyer shared hundreds of times on Facebook.

The graphic cites the Americans with Disabilities Act’s requirement for “reasonable accommodation to anyone who cannot wear a mask due a medical condition,” as explanation for why mask wearing is optional under the law.

Similar images and claims have been circulating online for weeks. Images of laminated “Face Mask Exempt Cards” from the fictitious “Freedom to Breath Agency” went viral after some attempted to use the cards to enter stores across the country.

...

The Americans with Disabilities Act does require disabled people to be “reasonably accommodated” when working with employers, public businesses and the government. These accommodations, though, do not allow for simple exemptions from mask-wearing without replacing it with another measure in line with public health requirements.

Government policy on the ADA and COVID-19

“The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations,” the Department of Justice Department, which helps enforce the ADA, said in a June 30 press release.

The denunciation follows up on an earlier statement in which the agency said it had “been made aware of postings or flyers on the internet regarding the ADA and the use of face masks due to the COVID-19 pandemic, many of which include the Department of Justice’s seal.”

Fact check:Masks are effective against COVID-19; OSHA doesn't say they offer no protection

“These postings were not issued by the Department and are not endorsed by the Department,” the agency emphasized.

The U.S. Equal Employment Opportunity Commission, which helps enforce disability rights in employment, has issued guidelines clarifying how businesses can follow public health measures while still accommodating disabled employees.

Both the DOJ and EEOC have emphasized that enforcement of the ADA will continue amid the pandemic, but also underscore the ADA’s caveat that a disabled person’s request cannot cause “undue hardship” to the employer or fundamentally change the overall operation.
 

apdst

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.

You would have to prove how the dead victim contracted the virus.
 

element94

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I agree. So we should be able to file lawsuits against BLM and Antifa for infecting millions through there refusal to honor mandated mask requirement and social distancing procedures.

Not if they ask you to sign a waiver first. :lol:
 

Visbek

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....let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.
I think it would be very difficult to prove in a civil court that the maskless individual was solely responsible for the death.

There isn't much contact tracing, and it's not reliable enough for this type of case to fly. It's just too easy to say that someone else in the store at the same time could have asymptomatically or presymptomaticlaly spread the virus.
 

d0gbreath

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Hire bouncers that can give the anti-masker a real medical condition.
 

Chillfolks

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You would not be in a court of law where you would need absolute proof, all you would have to do is convince a jury in a civil case that their negligence lead to the death of your family member. You would probably have video evidence as the person in question would be the only person in the store without a mask and thus the probability that the person was the source of the illness would be high. I did not say it would be a slam dunk, but you never know how juries will react, especially if they can determine you lied and at this point they would get to your medical records.


You have to prove the anti masker was the source of infection, an impossible task given our limitations.
 

element94

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Yeah, I am sure they are collecting millions of wavers to protest. :lamo

You are right, there's really only one particularly slimy group that comes to mind that would set up a horrendous situation where people could end up dying (Herman Cain) and have people sign a waiver to attend. Psst...whisper.gif that was my point
 

jonny5

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.

It would be quite a feat to prove the person knew they were sick when they entered the store, transmitted it to this other person and that directly caused that persons death, and that a mask would have prevented it.

But yes, you can be sued for basically anything. And lose whether you did it or not.
 

jonny5

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You are right, there's really only one particularly slimy group that comes to mind that would set up a horrendous situation where people could end up dying (Herman Cain) and have people sign a waiver to attend. Psst...View attachment 67290994 that was my point

Case in point. We dont know Cain got covid from not wearing a mask at a rally, or that it even caused his death. We are just assuming because politics. So, like in the op, yes, you could just assume someone died because someone else at a store didnt wear a mask, and sue them.
 

element94

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Case in point. We dont know Cain got covid from not wearing a mask at a rally, or that it even caused his death. We are just assuming because politics. So, like in the op, yes, you could just assume someone died because someone else at a store didnt wear a mask, and sue them.

Yes we do know, there's plenty of headlines stating so, just Google it. So, how many other dangerous super spreader events, where thousands of people not wearing masks or social distancing gathered indoors, did Cain attend right before his symptoms appeared right within the diagnosis window of 2-14 days? ;)
 

jonny5

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Yes we do know, there's plenty of headlines stating so, just Google it. So, how many other dangerous super spreader events, where thousands of people not wearing masks or social distancing gathered indoors, did Cain attend right before his symptoms appeared right within the diagnosis window of 2-14 days? ;)

Again, case in point. Pretty hard to prove. Did everyone around him get it? If even one person didnt, then its just as likely he didnt. But I guess you could just bring a headline to court that says it. It must be true then.
 

element94

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Again, case in point. Pretty hard to prove. Did everyone around him get it? If even one person didnt, then its just as likely he didnt. But I guess you could just bring a headline to court that says it. It must be true then.

I made the headline comment about the fact that he did die of covid, which you disputed.
 

CaughtInThe

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Trump/Trump Republicans have made not wearing a mask during a pandemic a political thing (and now more people will die).


Less than deplorable.
 

danielpalos

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I have seen many anti-masker videos on Youtube wanting to enter a store and stating they have a medical condition and stating they do not have to tell or prove their medical condition according to the ADA and they are right. What most fail to understand is the the ADA allows for reasonable alternatives, and thus if the store offers to get what you want and deliver it to you, they are meeting the requirements of the ADA. But let us say you force your way in and someone in the store gets sick and dies and the store has taken your picture and know who you are. If the family of the person that has died can prove you have lied, they may be able to sue you for the death.

Being asymptomatic and maskless in close proximity to others is a health hazard.
 

Casper

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Trump/Trump Republicans have made not wearing a mask during a pandemic a political thing (and now more people will die).


Less than deplorable.

Yeup, trump and his useful idiots have made the entire thing political, and get this, now trump says we need to stop making it political. I think they realized that making it political backfired on them and now want to turn back the clock.
 

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Yeup, trump and his useful idiots have made the entire thing political, and get this, now trump says we need to stop making it political. I think they realized that making it political backfired on them and now want to turn back the clock.

everything that spoiled rich kid from New York City touches eventually turns to crap.

just like his name and legacy are as we speak.



first generation makes it. second generation lives off it. third/forth generations waste it.
 
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