caretaker

About 2/3 of the time when I go into physio now I ask for a fresh mask. "This one has exercise on it."

bats

I can't see anything that says they can refuse service, which bit? They should have allowed access, people are supposed to keep 2m away anyway! They could have sanitised the area afterwards, once mother and daughter had left the area and not in an undignified rush to clean up.after their visit.

Piff Poff

Surely any business can refuse service for any reason if it goes against their store policy?

scrubbedexpat091

From what has been said in BC, businesses need to provide reasonable accommodations for those with a disability and unable to wear a mask, I suppose reasonable accommodation doesn't necessarily mean have to let them into the store.

bats

Not if their policy is discriminatory.

Siouxie

Most of the links were to assist in an application under the human rights code.. not showing they can refuse service, the link for the retail council with further links to each Province / City regulations will show where they can restrict access.

As I understand it, any business can refuse service for any reason - provided they give an accommodation....i.e. provide an alternative way for the person (disabled or not) to obtain service - it will depend on the Province and City bylaws/health and safety of employees. (Not for one moment saying I agree with them!) They can refuse service under the trespass to property act - non compliance with a requirement of the store..i.e. if the store states 'no entry without a mask' and you enter.. and then refuse to wear a mask - even with an exemption.. (for Ontario: https://www.ontario.ca/laws/statute/90t21 )

1. Enter premises when entry prohibited
2. Engage in prohibited activity on premises

bats

I disagree with your interpretation, though obviously not with you.
a few extracts from the Human rights organization page

• "People with disabilities might be expected to verify their Code-related accommodation needs, depending on the situation.
• Organizations should only request and share medical information in a way that intrudes as little as possible on a person’s privacy, and does not go beyond what is necessary to accommodate the person’s needs.
• An inability to access or use a mask or other equipment, or to follow a health and safety procedure, must not lead to automatic negative consequences such as employee discipline or termination, complete denial of service or eviction from housing.
• No one should experience harassment or other discriminatory treatment based on a Code ground because they are unable to wear a mask, or choose to wear, or not wear, a mask, or require someone else to wear a mask based on advice from public health officials."

clearly tgis store hasn't putvenoughtgouggt into accommodations, nothing new about that though.

Siouxie

Yes, all very well in theory - and I have studied it extensively - however.. I can only go on what a friend experienced - he has an exemption LETTER from his doctor, cannot wear a mask - was refused service and told to leave the premises of a store.. - then the police were called and a ticket issued ' for trespass' (with lifelong 'ban' ". Engage in prohibited activity on premises" - despite the human rights code!

So be aware...

caretaker

Be aware - Beware. I never realised where that word came from until now.

bats

Agggh, my typos!I thought I had fixed them and it's too late now.

interesting about the ticket. I'd have put in a Human Rights complaint, which takes forever. I've had stores threaten me with the police about the service dog but when I encourage them too do so they havent yet. I also keep a copy of the relevant section of the AODA with me.

COVID, it winds everybody up

Piff Poff

We've had stores refusing entry to anyone that's been vaccinated!

A store should be able to refuse service for whatever reason imo. If the policy is you must wear a mask, then if you can't wear a mask, then shop somewhere that allows that.

We refuse curbside pick up, as the business owner doesn't want her staff in that close contact with other people. It's a keeping the staff safe issue. Some people are very scared about covid.

If a landlord bars someone from the pub because they were drunk, can that person take them to court for not being allowed in with other drunk ones citing being discriminated against others?

Siouxie

He had a copy of the exemption letter from his GP, a copy of the Human Rights Section and the Bylaw for the City -- the store wasn't interested and neither were the police, police told him the store had a right to refuse him entry without a mask - and issued him with a trespass ticket. He has submitted a Human Rights complaint.

Gozit

No because being drunk is not a protected class of discrimination. Having a disability is and frankly its disappointing you think stores should be able to deny service to people with disabilities who are unable to meet their "store policies" that are not accommodating to those with disabilities. Unfortunately whether the stores like it or not they have a legal duty to accommodate.

Siouxie

That is the operative bit "they have a legal duty to accommodate" = that accommodation can include making arrangements for the person to collect 'instore or curbside' at a time and date specifieid; an arrangement (accommodation) to enter the store at a designated time; etc., even shopping online and having items delivered is an accommodation according to the local police force... as in they are 'accommodating your need to obtain items from that store by giving you an opportunity to obtain them by an alternativie means"!

Piff Poff

oh you are deliberately misunderstanding what I wrote. I did not say a store has the right to refuse someone with a disability. I should imagine it was some sort of jobsworth denying entrance. That jobsworth has probably had enough of people faking not being able to wear a mask and they are more than likely burnt out with people complaining. ALSO that person may have been doing what management told them to.

I am saying that a store should be able to deny persons not meeting their policies. If someone cannot wear a mask and they know the store policy , they can always call ahead and explain and ask for an exemption, they can order online for pick up or they can have someone shop for them. We have places here, no mask, no entry, no exceptions. If my niece was here shopping with me, I would move along to the next store and spend my money there OR make arrangements to purchase the items I want in a different way. I wouldn't be going around boohooing.


we recently had a customer wanting curbside pick up, we don't do curbside pick up, she said but my Mum won't come inside, the website says you do curbside. I had to explain, not all franchises are doing curbside, ours isn't and I'm sorry we don't. Now that customer had the option of getting food delivered, or paying by phone or online, and just picking up or physically coming into the store. She ended up doing the latter.

For the record, I have never turned a customer away for not having a mask, even though it is mandated by the government and the city, I have never even asked if they would like a mask. For those that have said oh I forgot my mask, I have said oh no worries. My manager would probably have a conniption. I suppose being surrounded by so many red necks I am no longer surprised by the mentality of those around me and am more used to moving along.