The first time you write to the business it should focus on informing the business:
(1) that they are violating the Minnesota Human Rights Act and Civil Rights Act – see “Laws that Protect You” page, and ask them to correct their policy and procedures.
(2) that the governor cannot compel an individual or business to do anything…the governor or mayor can only ask the agencies/departments they oversee to create rules and regulations that hep enforce a law already on the books. If what they want us to do is not already on the books, then they cannot create rules to help enforce it.
Once you have established this communication, and if they still don’t respect the law, use the sample letter below.
Thank you Doug for your response,
Your response summarily communicated that you will not correct the TCCP policy which results in TCCP violating state and federal law, which refuses entry to anyone without a mask, even if they have a medical and/or religious exemption. Therefore, the lawsuit will move forward. If this is incorrect in any way, please notify me immediately. If you change your mind now or in the future, and are willing to correct the violating policy or provide full and equal accommodations, please let me know. I have a few follow-up comments below.
The notion that the health department (their guidance) might be responsible for TCCP violating law is interesting; however, the argument and quoted guidance is easily exposed as wordplay deceit [“The executive order does not require a business to allow entry to a customer or visitor not wearing a face covering” – (https://www.health.state.mn.us/diseases/coronavirus/facecoverfaq.html]. TCCP is fully legally and lawfully responsible for TCCP’s policies.
An executive order…cannot contradict established law, and must be attributed with established law. Specifically in this case, an order cannot state that a business can or should or must refuse entry to individuals due to an individual’s disability (medical condition), or religious beliefs, or other protected scenarios. An executive order cannot compel individuals or businesses. An executive order can compel the departments and agencies which the governor oversees to create rules and regulations which aid in the enforcement of laws that are already established. As the COO of a business, you should and need to be aware of these facts.
Both Instacart and Co-op Curbside systems require payment of fees that in-store shoppers do not have to pay, does not offer the same basic liquids and foods that are available to in-store shoppers, nor do the systems offer items at the same prices as in-store. Those who cannot tolerate a mask, cannot tolerate a face shield for the same reason. OSHA calibrated measurement devices show dangerous levels of carbon dioxide around the breathing orifices when individuals wear either masks or face shields. In accordance with this fact, neither the order from the governor nor the guidance from the health department states that individuals with medical exemptions must wear a face shield. Simply not allowing me in the store due a disability or medical condition is a violation of state and federal law.
re: recent Twin Cities Co-op Partners (TCCP) policy (implemented July 26th?), not posted publicly anywhere but enforced within stores, contradicts the mayor’s and governor’s executive orders regarding public accommodations, in that it excludes anyone that can’t medically tolerate a mask. In addition, the governor’s order does not require those who are medically exempt to wear a face shield. Face shields deplete oxygen and increase carbon dioxide to unsafe levels, which has been proven scientifically with OSHA-calibrated measurement devices.