Updated: Jan 9, 2021
If you are a business owner and employer, you probably didn't realize how are open you are to personal injury lawsuits from employees and customers that may bankrupt you once and for all. Here's why...
Restaurants, Bars, and Nightlcubs
If you are a business operating in the hospitality industry, your liability is already higher than most businesses if you are also serving alcohol. For example, you are subject to robberies without notice; you check ID's at the door to prevent under age patrons and to deter crime; you have dozens of security cameras throughout your business to monitor against staff theft and customer sexual harassment; and you have liability from drunk drivers who were over-served in your establishment. Now, with mask mandates from city bylaws and health officials, you have a severe impairment in your ability to fulfill the above functions due to faces no longer being readily identifiable.
On top of that, you are now wide open to personal injury lawsuits from both staff and customers who you require to wear a mask, in light of the overwhelming scientific evidence against the efficacy and safety of mask-wearing by the general public outside of hospital environments. Not to mention that wearing a mask which restricts oxygen flow is an Occupational Safety and Health violation in the USA and Canada, as well as most other countries. If a patron or worker should fall ill or pass out and get injured, YOU will get sued for negligence.
Over the coming months as people begin to get sickened from wearing masks, they will look to make someone else pay. Are you ready for a big legal battle in 2021? If an employee or customer refuses to wear a mask, keep in mind that you are NOT a bylaw enforcement officer and you or your staff cannot enforce masks in your establishment if it is generally open to the public at large. Selective denial of service (or employment) becomes a huge constitutional violation when it is based on a stated exemption of a medical disability, whether or not that patron (or employee) actually has a provable medical condition or exemption from a doctor. Your only duty under the bylaws is to post the bylaws, if required, at your entrance. After that, it is up to patrons and staff to abide by or ignore such restrictions.
Once someone states a medical exemption, you CANNOT inquire further without violating laws against collecting medical health information without consent. Fines can be $50,000 - $100,000 (in Alberta) or more depending on the jurisdiction.
This employer sums it up pretty well as to the lability issue from over-serving and ID verification.
Florida sports bar will ask customers to leave if they wear a mask
"I don't believe in masks," Gary Kirby, the sports bar's owner told TODAY Food over the phone, adding that he finds face coverings problematic for several reasons. "In the event that law enforcement were to need to use my security cameras, I feel that somebody wearing a mask could impair their ability to do their job."
This came into play recently, he said, when his bar was robbed and the suspect was wearing a mask. So far, the crime has gone unsolved.
Kirby also believes face coverings make it difficult for bartenders to perform several key elements of their role.
"My bartenders need to verify identity. How can you be so sure it's me if I'm wearing a mask? It's also the bartender's responsibility by law to make sure guests aren't being over-served. How can they tell that if they can't see someone's face?" he said.
Grocery Stores and other Shopping Centres
The same goes for nearly any business that doesn't serve alcohol but is operating in the retail space. Your duty ends once you post a bylaw notice or face mask policy at the door.
Customers and staff are NOT required to follow any such bylaw and you certainly can't enforce it on behalf of the city or state. Legally, your business cannot be ordered closed by health officials just because your staff or customers don't wear a mask. Threats to the contrary are a violation of numerous laws against forced medical procedures and the collection of private health information by non-authorized persons, subject to the same fines as mentioned above. Any business that acts as an agent of the state without a proper contract and compensation (e.g. as a bylaw enforcement officer) is not protected against lawsuits initiated by staff or customers as a result of a medical injury causes by your forced mask wearing policy.
Besides, do you really want to annoy customers any more during these stressful times and scare them away from your business permanently? As an enabler of these liberty-destroying masking mandates, you run the risk of being likened to the Nazi guards in WWII who often stated at the Nuremberg trials, "I was just following orders!" That excuse didn't work then and won't work in the future when this travesty of medical malpractice is finally revealed and people lash out legally at everyone who tried to push this dangerous unscientific medical intervention procedure.
We have an enabler section on our site that allows private citizens to publicly call out and shame anyone or any business who so violates their rights to state an exemption and still receive service is guaranteed under the law. Once on that wall of shame, all we will do is update the record that you have since complied with the exemptions, but we will not be removing any past offenders. In our Downloads section, members have access to legal form templates that they can use to sue each and every enabler in court for violating their rights. Unless you want to defend each one in court with all the associated legal fees required, you may want to research this site in more detail and begin standing up for everyone's rights and be prepared to defend that attacks from the illegitimate bylaws rather than from real citizens whose rights your are denying without realizing it. We are prepared to assist you with your legal battles against the state just as we are willing to assist staff and customers in suing all enablers.
For more information on masking dangers, please review our entire section on Masks at www.masks.cv19news.ca.
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