‘I have a breathing problem’: Medical conditions and mask rights in businesses

In California, masks remain required when heading out in public – as the political debate nationwide rages on over mask mandates.

But what rights do customers – and business owners – have on the issue?

"That man harassed me for not wearing a mask! I have a breathing problem. My doctor would not let me wear a mask," one woman was caught on camera shouting in a heated confrontation at a Hollywood Trader Joes last month. "You guys are violating federal law – do you get that?"

She said she had a medical condition. So was it legal for her to stay and shop without covering up?

In Michael Ross's two boutique shops in Downtown Palm Springs, Fashion Fix and Mario's, he's seen an influx of customers from LA and other areas lately. He said for the most part they follow city and state requirements.

"Sometimes they'll just have it down below their nose but we approach them and say, 'Okay, you need to pull it up," Ross said. "Everyone needs to wear a mask 100 percent of the time."

But if someone were to deliberately disobey – Ross said, "We would just ask them to leave."

Attorney Steven Peck of Peck Law Group in Palm Desert said as a business owner, that's his right.

"The business owner has the right not to admit anybody into a store if he doesn't want to," Peck said. "It's his private place, and he can decide who he wants to come into his store."

Some store owners say that's leading to some uncomfortable interactions – like Joy Meredith at Crystal Fantasy.

"Some of the people that don't wear masks are very angry, and it's become a political thing," Meredith told KESQ last month. "That puts an awful burden on our shoulders to maybe have some conflict with a customer."

If the customer says they have a medical problem, Peck said it doesn't break privacy laws for the business owner to ask for more information.

"You can ask anybody anything," he said. "Whether that person wants to give up that information is another story."

But that's a follow up question Ross said he would rather not ask his customers. To him, those with mask-prohibiting medical conditions are better off staying in.

"I think if it's that bad, they probably shouldn't even be out," Ross said. "They should be at home if they feel that strongly about it."

You can reach Jake on Twitter, Facebook or email him at jake.ingrassia@kesq.com.