Facts

Salima Witt, who suffers from asthma and cancer, visited Lazy Acres to buy groceries. She did not have any symptoms of flu, cold, or COVID-19 at the time of the visit. She could not wear a face mask because of her cancer and asthma. The manager of Lazy Acres asked that she show written proof of her medical condition and that she leave the store if she did not wear a mask. At the time of the incident, the applicable public health guidelines recommended wearing masks at grocery stores to prevent the spread of COVID-19. Meanwhile, CDC guidelines stated that those suffering from asthma can wear a mask, while cancer patients should keep masks on hand when venturing out. Witt filed a complaint against Bristol Farms, which owned Lazy Acres, alleging disability discrimination.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she went to Lazy Acres Encinitas on May 26, 2020, to shop for groceries but was denied the opportunity to shop because she was unable to wear a face mask as a result of her cancer and asthma. In particular, plaintiff alleged that the store manager told her that she would only be permitted to enter the store if she wore a face mask covering her nose and mouth, no exceptions, including face shields, bandanas, or any other covering that failed to cover plaintiff's nose and mouth.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The court granted defendant's motion to dismiss with prejudice since it found that plaintiff had not shown that defendant had discriminated against her by failing to make a requested reasonable modification that was necessary to accommodate plaintiff's cancer and asthma.