united-states civil-law
What legal strategy might be applied to successfully sue private companies over their own mask rules?
<p>I asked recently about <a href="https://law.stackexchange.com/q/74329/608">the mask rules in airports</a>, but in my travels recently I'm more baffled that private companies are requiring masks under threat of refused service, and even permanent refusal into the future. Primarily, I've noticed some airlines advertise their own mask rules that customers must agree to, and the taxi apps (eg Uber, Lyft) make you actually check a box &quot;I am wearing a mask&quot; before you can call a ride. Apparently I broke the rule add the driver pulled up, and he must have alerted the company, who in turn threatened to ban me permanently from their service if I did it again.</p>
<p>I personally think these corporate rules are dubious, especially when use of their services is in an area where no such government orders are in place. I figure there must be some limits on &quot;dress codes&quot; or other non-covid justifications they might come up with.</p>
<p>Under the circumstances, I understand why, but I've heard many times a judge argue
in his jurisprudence that circumstances cannot justify any actions otherwise illegal, so thus laws would have to be changed first.</p>
<p>So, I expect eventually someone will sue a company over its mask rules, but what legal argument would they likely give?</p>

<h2>None because the principle is Freedom to contract</h2>
<p>There is a general right of any being (natural like a person or even a company) to contract with anyone. Buying someone's service is a contract.</p>
<p>A contract forms when:</p>
<ul>
<li>They offer something</li>
<li>You offer something</li>
<li><strong>Both</strong> sides agree on it. (<em>meeting of the minds</em>)</li>
</ul>
<p>It is totally legal for a company to make <em>wears a mask in our place of business</em> a part of either being admitted onto the property or agreeing to contract with you.
Noncompliance means as a result that they don't agree to serve you and don't offer to you. In fact, they explicitly <a href="https://www.upcounsel.com/rejection-in-contract-law" rel="noreferrer"><strong>reject</strong></a> to contract with you unless you wear a mask, which is their right <strong>unless</strong> there is a law that would specifically make that reason illegal.</p>
<p>There are laws that reduce the freedom of contract, such as the civil right act (protected classes, such as religion, race, sex and more), the Americans with disabilities act (demanding <em>reasonable accommodation</em>), and labor laws (outlawing labor practices or limiting the amount of work or minimum payment) as well as anti-discrimination laws (establishing further classes).</p>
<p>However note, that laws need to be written in such a way that they don't discriminate against the company either! One case where freedom to contract was attacked using an anti-discrimination law was <a href="https://en.wikipedia.org/wiki/Masterpiece_Cakeshop_v._Colorado_Civil_Rights_Commission" rel="noreferrer">Masterpiece Cakeshop</a> - which was decided on first amendment grounds based on the rights of the owner: the law can't force someone to make a product he would not support the message of.</p>
<p>Currently, there might only be some ordinance that bans mask policies in Texas, but it is dubious if that might be even an enforceable order from the Texas governor - Especially since <a href="https://www.osha.gov/coronavirus/standards" rel="noreferrer">OSHA</a> just made adjustments to standards and mandates on the federal level - which include adjustments to respiratory protection fields.</p>

<blockquote>
<p>I personally think these corporate rules are dubious, especially when use of their services is in an area where no such government orders are in place. I figure there must be some limits on &quot;dress codes&quot; or other non-covid justifications they might come up with.</p>
</blockquote>
<p>The law does not agree with you. There are no such limitations (but some states have recently attempted to adopt such regulations by executive order, such as Florida). The attempts to impose such limitations have mostly been struck down by the courts.</p>
<p>For example, a corporate covid vaccination policy of United Airlines was <a href="https://www.npr.org/2021/11/09/1053814689/united-airlines-vaccine-mandate-religious-exemption-court-sued" rel="nofollow noreferrer">recently upheld in the face of a court challenge</a>.</p>

<p>The question reads:</p>
<blockquote>
<p>I personally think these corporate rules are dubious, especially when use of their services is in an area where no such government orders are in place. I figure there must be some limits on &quot;dress codes&quot; or other non-covid justifications they might come up with.</p>
</blockquote>
<p>You figure incorrectly. Under US laws, businesses are generally free to determine who they will do business with, and under what conditions, subject to anti-descrimnaion laws and other valid laws. &quot;non-mask-wearers&quot; is not a protected class under any such law to date. A state could pass such a law, requiring a business to serve those who refuse to wear masks in spite of business policies. No US state has yet done so. In a few states governors have attempted to create such rules by Executive Order, but those attempts have largely been voided by the courts.</p>
