No masks no service

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  • This topic has 17 replies, 7 voices, and was last updated 1 year ago by Avi K.
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  • #1866102
    Doing my best
    Participant

    Why isn’t this considered trespassing even without the executive order?

    ‘No Mask, No Service’ Rule Is OK For Businesses, Cuomo Says

    #1866131
    Joseph
    Participant

    It is, indeed, redundant.

    #1866149
    Milhouse
    Participant

    Even with the executive order, businesses are required to accommodate anyone who claims to have a medical condition that makes wearing a mask inadvisable. The person does not have to tell them what that condition is, and they may not question it. (Just as if a customer claims their animal is a service animal, the only question the business is allowed to ask is what task this animal performs for you; they are NOT allowed to ask what is your disability that makes you require it, and they are NOT allowed to demand any kind of proof or documentation.)

    #1866178
    CTLAWYER
    Participant

    @Doingmybest
    It would help if you knew the definition of trespassing
    The classical definition is to go onto or enter another’s property without permission. This includes leased premises.

    A potential customer of a retail or hospitality or service establishment, is in fact an invitee. The business exists to provide something in exchange for the visitor’s money. Even one who enters to browse is a potential customer so is also an invitee.
    Thus an invitee is not a trespasser.

    That invitee may be refused service or asked to leave if not wearing a mask, but that does not make the entry a trespass.

    Our local mall opened fro business on May 20. CT requires those entering businesses and shop to wear masks. There are security guards at the entrances checking masks, enforcing occupancy limits and social distancing. An invitee attempting entree without a mask is give one free of charge by the mall. This encourages business by not turning the potential customer away.

    #1866182
    2scents
    Participant

    I guess rioters are welcomed even without masks.

    #1866249
    Doing my best
    Participant

    Ctlawyer,
    I was asking why, if a store has a sign saying “no mask no entry”, wouldn’t entering the store constitute trespassing. The position of invitee should be considered revoked.

    #1866371
    CTLAWYER
    Participant

    @Doing my best………
    BUT that is not what you posted. You can’t expect CR participants to be mind readers..

    That said I doubt the courts would consider it trespassing. The call for shoppers is a general invitation to the public and a storekeeper can refuse service or entry to an individual. BUT, it would require personal notification by the store personnel to the individual. It is too easy for the non-mask wearing shopper to say: “I didn’t see or read the sign” or “I don’t read (Pick a language).
    An unlocked store with posted hours, lights on and a sign over the storefront (as well as advertising) create the general invitation to the public. The entry is not trespassing, but non-compliance with the posted rule is reason to ask the person to leave.

    #1866765
    Avi K
    Participant

    CTL, that sounds like a great business potential. Go to the mall without a mask a few times a day, get a supply of masks and sell them on Amazon.

    #1866806
    CTLAWYER
    Participant

    @AviK
    I have far better things to do with my time (even answering your nonsense) than to drive to the mall a few times a day and receive a free paper mask and then to attempt to sell them and ship them via Amazon.

    If you had been reading my posts MRS CTL and I brought in huge supplies from China through our longstanding friendships and DONATED them to our local EMS and police and hospital.
    As recently as last Wednesday another 20,000 surgical masks, KN95 and face shields arrived and have been distributed. I would not be profiteering during a Pandemic (or any other time)…..not my style.

    You at times seem quite intelligent, why would an experienced attorney who bills at an hourly rate in the hundreds of dollars chase nickels?

    #1866911
    Avi K
    Participant

    CTL, did I say you or any other attorney? I would imagine that there are many people here who are hurting due to the restrictions. There are also recent grads who can’t find work even in normal times.

    #1867156
    CTLAWYER
    Participant

    @AviK
    Your post was specifically addressed to me with the instruction to ‘go to the mall….:

    #1867166
    Amil Zola
    Participant

    No shoes, no shirt, no service. Hasn’t anyone heard this before?

    #1867286
    Avi K
    Participant

    CTL, I think that you are being Freudian. “Go to the mall” explained “that sounds like a great business potential.”

    From the Wiley Online Dictionary:
    “Explanatory phrases are used to restate, define, explain, elaborate, or provide examples for a noun that usually appears immediately before the explanatory phrase. “

    #1867287
    Avi K
    Participant

    Amil, actually it was “no ticket, no shirt”.

    #1867314
    CTLAWYER
    Participant

    @AmilZola
    Not only have I heard/seen “no shoes, no short, no service,” but had those signs posted at my retail stores in the vicinity of Candlewood Lake more than 40 years ago. Summer visitors from NY thought it was just fine to enter wearing only a pair of shorts of a bathing suit between Memorial Day and Labor Day. This was unacceptable and signs were posted at the entrries.

    #1867317
    CTLAWYER
    Participant

    @AviK
    uNo ticket, no shirt was the refrain at the laundry. One could not retrieve their clean items without the ticket issued when left off. Back in the day, the laundry was often operated by an immigrant who did not read or write English and needed the numbered ticket t match with the other half attached tio the clean items.

    Amil’s post was about entry and being waited upon in retail and food service establishments (see my reply above).

    #1867376
    2scents
    Participant

    CTL,

    “You at times seem quite intelligent, why would an experienced attorney who bills at an hourly rate in the hundreds of dollars chase nickels?”

    Similarly, why would an experienced attorney who bills an hourly rate in the hundreds of dollars spend so much time responding to random internet people in YWN on such a frequent basis?

    #1867498
    Avi K
    Participant

    CTL,

    The ticket proves that the person is entitled to the garment. The number also serves as an identifier both as to location in establishments that have many garments and to distinguish it from similar garments. In Israel one must always present the ticket when retrieving the garment from the cleaner – and the cleaners are invariably sabras.

    In any case, many restaurants had a “no entrance without a tie” policy. There is a joke about someone who is walking through the desert when he finally sees someone. When he asks for water the guy says that he has none but is selling ties. The disappointed traveler continues until he sees a restaurant. When he cries “Water, water” the doorman says “No entrance without a tie”.

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