Went shopping at Stans Liquor Mart in Athol MA.
As I walked in I was met at the door by Karen (a woman that I will call Denise Aldritch current employee) who stated that I needed to wear a covering. I informed her that I was exempt medically (which I actually am) and she said basically go away.
She said she would be happy to do curb side service. I said no thank you, I don't really know what I want to purchase yet. I informed her of all of the rules siting CMR 105-316 (30 and 40) and told her what she was doing was illegal and that she was breaking the law. She said she didn't care and that its out company policy. I told her her company policy does not over rule State and Federal Law and I started walking through the isles of the store looking for what I wanted. She informed me that she was going to call the police if I did not leave. I politely invited her to do so.
About 20 minutes later (all the while I spent walking throughout the store shopping, would have been long gone if she had just cashed me out) Sgt. Randal-Stangle from the Athol MA Police Department shows up. I greeted him with a smile and asked him if he would like to take the conversation outside as to NOT make a disturbance in the business, he said sure.
I told him what had happened and asked him if he was familiar with CMR 105-316 and what it is all about. He said not entirely. I asked him to Google it so he would not think that I got creative writing one afternoon. He said he would take my word on it (I carry a copy on my phone). I stated that I have a medical Exception as defined in CMR 105-316 (30a exemption) at that point he did inform me that I did not have to discuss the medical history any further and informed me that he would not ask as he would be violation Hypa laws if he were to do so. I thanked him for understanding.
I explained the medical exemption as defined in CMR 105-316 (30a exemption) and that the business had no right and was in fact breaking the law set forth in CMR 105-316 (40 Business Authority) denying me access to the business solely based on the medical condition preventing me from complying with their company policy.
He stated that the business can deny access to anyone they choose "its a private business" I then stated to him that Federal law Title III Reg 28 CFR36.104 (explains what a "private" business can and cant do in regards to trespassing being a privaley owned business that is open to the public. Not going to type that out here, too much but you can look it up with the above information) can not in fact do that unless there has been a disturbance which woulx then be grounds for tresspassing. I asked him if he was going to enforce the law (CMR 105-316) and do nothing as I went back inside to finish my shopping. He said he was not going to get in the middle of it and that it was civil matter and that I would have to take the business to court and get a ruling.
I ask Sgt Randal-Stange if he felt I had made a disturbance, he said "no, you have been very pleasant to speak to" I said ok, thank you for your time. Am I free to go or am I being detained. He said he had never concidered me detained that we were just having a converstion and that yes, I could go.
As I walked towards the door he did say that if I went back inside he could consider that a disturbance. When I asked him how he stated that a disturbance doesn't need to be loud or obnoxious. He said that if I make a customer or store's employee "uncomfortable" that could be considered a disturbance.
Not trying to get arrested I asked him for his name, badge number and if he would please get Karen's real name as well as the owners and their phone number.
This is 100% discrimination that is protected under so many laws I don't even know where to begin. That is why I'm writing this to the group. Anyone out here have a similar situation that you could point me in the right direction......
Needless to say I will NEVER Buy or Support their store again.
Drove 100 yards away and got what I needed FD free at Hannafords in the same plaza. Not a word!!! read more
