Anti-mask couple who claim to be lawyers threaten to sue frozen yogurt store employee after she refused to serve them
A couple who walked into a California frozen yoghurt shop are now threatening to sue the store after they were refused service because they did not want to put on a face mask.
The tense interaction, which was all caught on video and then later posted to Twitter sees the couple walking into Frapys Frozen Yogurt in Mission Viejo whereupon they tried to intimidate the worker who had asked them politely to wear a face covering.
The pair were denied service after they refused. The duo then claimed that they were being discriminated against and subsequently denied service for refusing to wear a face covering.
The couple then cited California Civil Code 51 under which they claimed to sue.
A couple who walked into a California frozen yoghurt store were refused service after they refused to put on a mask at the store in Mission Viejo despite it being California State Law
The pair said they would sue the worker of the store for 'discrimination' despite all customers being required to wear a mask since June of 2020
Code 51 provides protection for customers from discrimination by all business establishments in California, although there are no special exceptions for mask wearing in the law.
Masks were made compulsory in the state of California thanks to action by Governor Gavin Newsom in late June.
All Californians must wear face coverings in public, including while shopping, taking public transit or seeking medical care to help curb the spread of the coronavirus.
People are exempt from wearing a mask if they have a 'medical condition' which the man in the video claimed to suffer from, however he provided no proof.
The interaction then takes on a disturbing and threatening tone as the pair threaten to sue the venue claiming 'it will probably put you out of business.'
'This is a private business,' the worker responds.
The Frapys Froyo store is in Mission Viejo, California in Orange County
The couple clearly ignored a blackboard sign that asks customers to 'be kind'
'Do you have a business license to operate in Mission Viejo, here in California? That means you must obey by all the California Civil Codes,' the man responds.
'California Civil Code 51, look it up,' the man continues. 'If you're going to discriminate against me because I have a medical condition you can be sued and it will probably be the end of this business.'
The couple claimed they were lawyers and would sue under Civil Code 51 which protects against discrimination, although not mask wearing
The couple then asked for the woman's name which she willingly told them was Marianna, at which point the female in the pair took out her cell phone and began recording.
'Okay - your name is Marianna and you're refusing service. You're discriminating and breaking the law and you can be personally sued,' she says as she attempts to document the incident.
'When all this goes away, whenever it is, we'll never come back again,' she continues.
'What is your name? The female worker asks.'
'California Civil Code 51', the man replies.
'That's your name?,' the worker asks.
The woman responds curtly as she leaves the shop: 'I don't have to tell you my name. You will be personally sued! You're the one breaking the law.'
One person attempted to reassure the store employee on Twitter saying it was unlikely any potential lawsuit would succeed:
'For the 482,885,173,574th time. A PRIVATE BUSINESS can do whatever the hell it wants INCLUDING REQUIRING A MASK, if they so choose. They can’t discriminate on race, gender, or sexual orientation. Mask wearing (or not) IS NOT A PROTECTED CLASS.'