Anti-masker loses case after being refused entry to Fabricland | iNFOnews | Thompson-Okanagan's News Source
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Anti-masker loses case after being refused entry to Fabricland

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An anti-masker who was denied access to Fabricland and accused the store of "discrimination" saying its policy was "against the law" has lost a case at the B.C. Human Rights Tribunal.

According to an April 5 B.C. Human Rights Tribunal decision, the unnamed woman was refused entry to the Nanaimo Fabricland in October 2020, prior to the province's mandatory mask policy.

The decision says after being told she couldn't enter the store without a mask, her husband appeared and started video recording the event on his phone.

The husband told the security guard his wife had a "medical condition for not wearing a mask" and that the store "can’t reject her."

The security guard called the manager.

"The store manager respond(ed) by stating that the corporate policy requires some kind of face covering to enter the store for health and safety reasons," the decision says.

The store manager then gave information about other ways to shop, including online and curbside pickup.

"The Husband respond(ed) by stating that refusing to allow his wife in the store is discrimination and against the law," the decision reads.

The woman and her husband then drove off.

The case is one of many rejected by the Human Rights Tribunal as it saw a flurry of complaints about masks at the height of the pandemic.

The Fabricland case at the B.C. Human Rights Tribunal lasted two days whereby the woman testified at length about the impact of being denied entry to the store.

"She described crying, feeling devastated, and entering a 'dark hole,' as she is a long-time sewer, and sewing is her happy place and a stress reliever," the Tribunal wrote.

The woman said that Fabricland made her feel like a "walking germ" and not a person.

READ MORE: B.C. massage school owner refused Muslim client

The decision says the woman is legally blind and only has the ability to see colours and large shapes and objects.

She provided medical evidence to the Tribunal that wearing a mask irritated her prosthetic eye and wearing a face shield decreases her colour perception and increases glare and can be a falling risk.

The woman argued she could not shop online or use curbside pickup because her poor eyesight made these options impossible. She said she needs to feel the weight and texture of a fabric.

The Tribunal accepted that the woman has a disability that prevents her from wearing a face mask. 

However, the Tribunal ruled after Fabricland told the husband that there were other ways to shop, neither the woman nor her husband said they weren't possible because of the poor sight.

"Instead, the Husband stated that Fabricland could not deny her access, and to do so was discrimination," the Tribunal ruled.

The Tribunal ruled Fabricland took the reasonable step of offering two accommodation options and didn't know they wouldn't work because the woman didn't mention it.

READ MORE: Anti-masker who flip-flopped on his medical condition loses B.C. human rights case

Ultimately, the Tribunal dismissed the woman's complaint.


To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

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