Monday, October 26, 2020
The Most Unsurprising Legal Opinion Of The Day
Dork who sued a local grocery store for refusing to allow him to shop without a mask has his case tossed out by a federal judge.
Josiah Kostek, 36, was seeking a preliminary injunction to stop the grocery chain’s mask policy. He contended the policy — requiring all customers to wear either a face mask or full face shield while shopping — goes against the Americans with Disabilities Act. He claimed excluding him from the store was an act of retaliation.
Giant Eagle argued that Kostek “presented a direct threat to the health and safety of others, including customers and employees.”
U.S. District Judge Nora Barry Fischer ruled in the store’s favor, denying Kostek’s motion. She found that he failed to meet any of the necessary requirements to obtain the injunction.
As the judge noted in her decision, Giant Eagle offers personal shoppers, home delivery, and no-charge curbside delivery options, and allows people who claim they can't wear a mask to wear a face shield instead.
