 All right now welcome back to the law of Lawson and so yeah we got a little different thing today I'm not gonna have as many slides but Melissa and I have a good show ready for you today Melissa is my on hand studio what do you call people back in the studio anyway yeah the producer there you go she's my producer and she's doing a great job so anyway so what we're gonna talk about today it was just video it's been like I mean people something that's been a lot of videos about people they just don't want to wear a mask right so now we see here in Hawaii and for those viewers of mine and friends on the mainland I know you kind of deal with the same thing but right now Hawaii's on it like a uptick in our testing our reported positive cases here right and so instead of going down and flattening the curve our curve is actually we ain't got a damn curve it's just going back up right so anyway so and so you got people that just don't want to wear a mask right so the governor here has mandated that we should wear a mask whenever we're out and about when you see some of these people on the mainland and we had them here in Hawaii early on you they want to go down to the state house and protest the right to be free from wearing the mask now then they got flags then they come down there you know like in the mainland it came you know to the state house and was it Michigan they had loaded farms and guns demanding the right not to wear a mask it's just ridiculous anyway so so now you got these people here we got a couple people here in Hawaii you know and they go into the store and they just go in without a face mask on right and they say well it's their right to do this even though they can be carrying an illness or the virus not know that they're carrying the virus and then spread it as some asymptomatic right they they actually had a virus in them they're showing those symptoms of it they're walking around with no mask on and they're spreading the virus and so just knuckleheads and somehow they feel like this is living in some type of a communist state or you know authoritarian state to where when the governor says look you know it's tough just killing people it's causing people to be extremely sick we're trying to protect you know our citizens who may be vulnerable to the virus so well you know I mandate you wear a mask because it's almost an emergency so listen to you so some of these people had these cars made up you know I'm sorry for laughing some of this shit's just comical though so you got people walking into a store and stuff like that literally right Melissa found this on the internet but they're using it with a face mask exempt card I'm exempt from ordinance requiring face mask usage in public wearing a face mask poses a mental and slash or physical risk to me under the Americans with Disabilities Act I'm not required to disclose my condition to you Department of Justice ADA violation reporting number that has I mean I don't know who says so Melissa just found this before the show came on because I was just gonna show you a video in a second a second but so that was my first time actually reading it but you gotta wonder these people are sick so they come over so they walk into the store and they get without a mask and they had this stuff and so what what's the truth the ADA so we do our research here at the law at law so we just don't come on here pulling out pulling stuff out of our rear ends with absolutely no way to back it up we got research right legal research no the ADA does not provide blanket exemption from face mask requirements there's no ADA that's that's to me that's fraudulent it's almost like you know let me let me back up when the governor issues an emergency order right the law allows governors in certain circumstances right when there's emergency declarations and stuff like that to issue emergency orders now it cannot be an order issue from here going forward if you notice if you go back to here in Hawaii when this pandemic first started the governor issued an emergency order it will go for he'll say like 30 days and then he'll issue what they call the second emergency order right because it just like legislature makes a law remember your your SIF what do they call that class you know in high school civil civil I don't know citizenship whatever the hell it was you I don't know what y'all took actually I was in I was I used to skip a lot of these classes when I was in school caught up to me and that's another story about why you need to make sure you stay in class we'll do another program on that on my YouTube channel but back to this and so the governor issues an emergency order right that becomes law keep in mind it's only temporary can only be done in emergency situations you see it when there's floods hurricanes and stuff like that and here with this pandemic and so it does be my point is it does become a law right and so the governor issued an emergency order a few weeks ago mandating that masks be worn in public wherever yet right and and and then businesses with a lot of people around so when you come up and you have can we put that card back up there real quick Melissa so when you walk into it so if you it's almost like me driving without a license and I got a fake license that that's a crime right and so if to me I think you could there's no you may be charged with some type of fraud or some type of intent to deceive I don't know what it could be called I'm just thinking of this because Melissa just found this car but to me it's almost equivalent to giving a fake ID right or to using some type of fake document to circumvent the law fake security number etc because what you're saying is that this car says you don't have to follow the law and so again you can take that off so anyway so yeah and so what what is the law what so what if you do so what if you if you walk if you're in the store and somebody doesn't have a mask going and you say miss you know I don't know you may have forgotten your mask out in the car that happened to me I went to long and as soon as I know I went into FedEx now I was walking into FedEx with my packages and I forgot my mask in the car and as soon as that's when the door one of the workers like hey so I was like I knew right then like damn I forgot my mask so I had to go and get my mask let's say you in the store you see something let's you see a lady in there let's let's call her Karen so you see Karen in the store Karen ain't got no mask on you say hey miss can you put your mask on she start yelling that she's like hey you know I got a disability you get the store manager store manager come learn ma'am you got to wear a mask or and she says I have a disability and I don't have to wear a mask and you can't ask you what my disability is does the store manager have to serve according by law so Melissa can you show them this video and then after Melissa shows you the video we'll come back on the other side and if you want to comment in a comment section as you're watching this on YouTube or whatever you're watching it on about whether or not you think the store manager has to earn a request or whether or not you think the store manager can kick around you can comment before I come back all right I have my items I'm trying to check out at the store I've just been shopping for about a half hour that all my things and I'm just trying to check out and the manager are you the manager I'm the health and safety manager for the company okay and by you acting with what you're doing you've put the rest of the store and the other people here but you're violating my Americans with disability activates I'm trying to check out you're arguing with me you're within my six feet of space and if you have a mask and it works then what's the problem with me not having a mask ma'am you're not supposed to be in the store without it yes I am because I have a breathing condition you cannot deny me service due to a disability it's Americans disability act it's a $95,000 fine I have medication but you've actually it doesn't matter you have to provide you have to provide service to people in wheelchairs just like you have to provide service to me cannot deny me that are you saying you're going to deny me based on the disability because I cannot wear a mask is that what you're saying I'm saying you're not following the laws that have been there's no law no sir don't lie to me there is no law do you know how a lot is made service to anyone no you don't not based on a disability yes we do not based on a disability you do not have the right to deny me service based on a disability if we have a facility that is set up for the regulations that have been put I'm standing here arguing it was longer than it would have taken me to check out so it's not about that and you cannot deny me service based on a disability what part of that don't you understand it's a $95,000 fine ma'am do you have a message for the Americans Disability Act do you have a yes I do you're the we'll take that up at the membership counter okay I'm so not allow people to come into our position I have my items I want to leave and you will not let me leave with that with my items that's against my HIPAA so you want to know my medical condition is that because that's a $25,000 fine on top of the $95,000 fine yeah it is you cannot ask me about my medical condition you don't know the law sir so please don't quote it because I do I do know my rights I do know the law you're telling me wearing a mask is the law and that's wrong wearing a mask is not a law can we make sure that we get our membership information and we'll just turn this over to the authorities it's an executive order it's not a law thank you so much you really appreciate it you need to check me out you're denying me service so so we'll just call her Karen and oh man what do you start on so maybe some of you all have already done it you you put into the comment section underneath this YouTube video that yeah he shouldn't have denied Karen the right Karen has a right not to wear a mask because she has a disability and he has to let her shop with the disability and so much unwrap here but okay so you know when you go to a store and it says no shoes no shirts no service okay no shoes no shirts no masks no service period right now what does what does the ADA actually say so first of all those cars let's make sure we address this clearly those cars that Melissa shows you earlier that that one right there bogus so whoever you see one like that no the ADA says you know that that they do not have those cars those cars are fake there's also cars talking about or at least sheets from the that claim to be from the department of justice for these exemptions the department of justice has said those are fakes too so what so if a person truly has a disability what must the store do so you could have a person has a disability there was one man who was on a military base and the military denied him the right to come into the commissary and because of his injuries he had actually no ears so there was at and he had a breathing problem too but he could not actually put a mask on his head because none of the mask you know he had no ears literally and he had a breathing problem and the commissary just point blank denied him the right to come in there right they got in trouble now what you can do you there has to be reasonable accommodations and so if the store says hey you can't come in right you got a disability I mean you can't come you don't have a mask on first I got disability and and you believe them well you you can do curbside shopping ma'am give can you give us your list and we were going and you stay right here with shopping for you and and bring it out to you you can pay online or whatever right they have there's a lot of that going on so that is providing a reasonable accommodation what can a store owner not do the store owner cannot say to the to the client or to the not client to the shopper what's your disability right that is a violation of the ADA you can't ask the person specifically what the disability is what you can ask them is do you have a disability and how does not wearing a mask accommodate that this and then they can explain that's it there's only two questions you can ask legally all right but if you believe a person does have a disability then you can you can provide the reasonable accommodation now in this video you hear her say that she has medication and some people I had and again we don't have time to watch it again but some people have thought that they heard the store manager say that he would go out or maybe a young lady who's working at this store I think it's called chef something I forget well let's suppose the name of that chef chef chef zone or something like that I've never been there um but but some people say that they can hear either him or her say to the to Karen hey Karen we can actually go out and and shop for you and you can wait on the curve side something similar to that I didn't hear that um but there's another thing that comes up he says are you a member do you have a membership here now those of you that shop at Costco remember you have a membership there that's different from going into um Walmart Walmart you don't need a membership so you know how this I'm I'm gonna give you this legal advice or free you know how when you're walking out of Walmart there's people are waiting there talking about can you show me your receipt and then you actually show them your receipt at Walmart you don't have to do that they have no right to stop you they do it right but they at Walmart they have no right to stop you can say sir I ain't showing and I tell them you know I know they think I'm about and look I didn't I haven't stole nothing you ain't seen me take nothing so I ain't stopping for you and I don't show them jump now when I go to Costco I stop when I show it why what's the difference the difference is Costco I you know I'm a member it's like a private club so to speak and you can only shop there if you're a member and by becoming a member you agree to certain rules and what he was asking her at this chef whatever this place is called um chef zone I ain't never been chef zone but apparently those of you that have been at least for me watching this video you hear him ask Karen hey Karen you got a membership here and she says yeah well if you got a membership there at that point you gotta buy by certain rules like like I said before so when when when I leave Costco they say if you want a membership here part of your membership means that when we ask you for your receipt upon departure you have to show us your receipt and stop for us to look in your cart you agree to that by becoming a member now you don't want to do that don't become a member right and you pay for that annual membership you go to Walmart they try to do the same thing there right and but they but they can't they're right they're not a private club so to speak they're an open um um um grocery store whatever you want to call it and so in order to be detained there they have to have some type of reasonable suspicion or probable cause to believe that you're engaged in a legal activity if not they have no if they tried to stop you from leaving Walmart for not showing your your receipt you could actually sue them right for for either if they try to put their hands on you and stop you whatever um yeah for like a false arrest or something to that effect right unlawful detainment so I just walk right by them they say circuit I was like no you can't see my receipt because they don't they don't and when they do that they ain't looking at not how they do you know what they do they and then they just had had a little yellow marker like this right let me check it out man you could have all kind of shit in your cart that don't match what's on that receipt they ain't paying no attention man so anyway y'all getting me distracted let's get back to Karen and the ADA and so again you have to provide reasonable accommodation so let's say that you don't have curbside check-in or a curbside service and so Karen comes into your store right and she says hey I do have a disability all right and I for whatever reason I got asthma or I can't you know and and me breathing through this mask was exacerbated pre-existing um um breathing condition and so my doctor's told me or whatever so she's volunteering this information to you can you say I don't care Karen you have to wear a mask in this store and no matter what and so it's credible that she has a disability and the store and says well you can still got the go well Karen can sue right because if you don't you have to provide some type of reasonable accommodation they have to be able to run and so whether or not you you could have a face shield there give them a face shield right okay you can't wear a mask so we got we got um you know how you walk into these stores and they got them a little electric um um what you call them things wheelchairs whatever you know like wheelchair shopping carts and stuff like that to accommodate those that that are disabled and so um you know the store owner would be well advised if you're not going to have an accommodation a reasonable accommodation to bring people out to the um to you know bring the groceries outside curbside check-in then you would be well advised to have some type of face shield um for those individuals hey but if somebody's coming in with that card or with some type of form from the justice department talking about 95 I mean sometimes knowing a little bit of law she thought she could come in and intimidate people now why she just didn't wear a mask I have no idea she's talking pretty loud I don't know if she has a disability or not but she doesn't have any problem breathing right then but it's almost like you know to see this is why I don't tell you a whole lot about the law because too much law in the hands of people that that are just kind of crazy is dangerous so here's a lady that thinks she knows the law and it's in there spouting off $95,000 if I want to she tell that guy and and $95,000 fine and some type of um issue with what what he can't do with what he can't do and that by doing this creates a different type of fine I mean she's just going straight up carrying in there and eventually she just left rather than just wearing a mask and so I don't know and as far as this is concerned you're going to still see people do this you're going to still see people push back on this but the COVID pandemic is serious as we can see here in Hawaii our emergency rooms are being filled up again the our department here uh uh department of health now some of you guys you don't pay attention to this but you can probably google department of health uh Dr. Anderson he's not a real doctor like he's not a real medical doctor he's like some type of phd and I you know I don't know about you but if I have some type of medical problem I don't go see a phd I try to go see what they call an MD and so to have a phd at the head of a medical issue i.e. this pandemic never made sense to me at all but they've messed it up so bad here that looks like in a couple of days the governor's going to issue another shut down order or more severe restrictions with respect to stay at home orders or something because our race are rising and our race are rising in part because we got so many carons out here who just don't want to mask up right and and and the experts have shown throughout the united states by just wearing a mask you you can save lives and prevent the spread of disease it will help flatten the curve and so we have to do our part but some of us are so selfish that we rather just live free and let you die remember that I was saying live free or die live free why you die um it could be the new model that some of these carons out here using so with that being said this would be the end of our show again this will be my school starting next week right so I got to teach law classes online to my UH law students here so this is my last show but I've enjoyed coming here for the last few weeks at least trying to entertain you in some form of fashion but you can catch me on my own youtube channel um the law at Lawson but until our next time you guys be safe and I'll see you sometime in the future I'm out