Being Discriminated Against At Coffee Bean in Ventura

 

 

By Kevin Daly

I went into Coffee Bean & Tea Leaf located at 1780 S Victoria Avenue in Ventura and was told by the shift lead that I needed to leave immediately because I was not wearing a mask. I tried to show her the guidance from the California Department of Public Health website which shows exceptions for people with certain health issues and she refused to look at it and threatened to call the police on me. I asked her to initial a copy of the ADA complaint form I had in front of me and she refused.

Photo Credit: Kevin Daly

I got to the cash register and the girl at the counter informed me that I could order on an app and that they would bring a drink out to me. Why didn’t the shift lead tell me that instead of abruptly and rudely telling me to leave? That would have saved a lot of drama and her calling the police on me.

The police came out and I explained the situation to them. The officer said that no crime had been committed and that they had been receiving a lot of calls like this. The shift lead handled this situation and it could have been avoided had she told me that they could bring me a drink outside.

I have a major disability that is exacerbated if I wear a mask. I have filed a complaint with the ADA against Coffee Bean and have sought legal council regarding this matter.

How low can you go calling the police on someone with legitimate health issues.

Editor’s note: the author requested that we add this on 7-11-20:


The views and opinions expressed in this commentary are those of the author and do not necessarily reflect the official position of Citizens Journal.


Kevin Daly is a Ventura County resident with a health problem and also a civil dispute mediator.

Get Citizensjournal.us Headlines free  SUBSCRIPTION. Keep us publishing – DONATE

48 Responses to Being Discriminated Against At Coffee Bean in Ventura

  1. Ariel July 14, 2020 at 6:44 am

    This man makes it his job to go into businesses to record staff who ask him to use a mask and he gives no chance to offer curb side he goes straight to his health condition excuse. If a business is busy they have no time for back and forth because he lacks the common knowledge of using a mask 4 months and this man can’t even mediate his own life to how the new normal is. I hope he stops harassing people he recently went into one of my favorite mexican spots in ventura and did the same thing . I hope he doesn’t write a bullshit post about that place . He’s a bad apple .

    Reply
  2. John July 14, 2020 at 5:07 am

    Wanted to write and say thank you to Kevin and people like him for getting California locked down again. His and others faithful devotion to thumbing their nose at society has allowed the virus to proliferate.

    Reply
  3. Kevin Daly July 11, 2020 at 9:21 pm

    Monica,

    You are more than welcome to wear a mask if you so choose
    but who are you to tell me to? Who made you the “Mask Cop?”
    I think this has more do with control than anything else by the left.
    The number of deaths and the very low death rate don’t logically equate to locking businesses down and closing down the schools.
    Masks for the most part do not protect against Covid19 and many have labeling on the packaging indicating that. The only mask that protects against the virus 95 percent is the 95 mask.
    People should find out the facts rather than believing everything they hear on CNN and MSNBC and going on attack mode against
    anyone who disagrees with what is being said by a host or comedian on left wing late night television.

    Reply
  4. ML July 10, 2020 at 5:50 pm

    Kevin
    Even with your story about Coffee Bean and Peet’s at the end of the day it was your lack of compliance to store rules that led to your negative experiences. If a store requires a mask then they require a mask. Chances are, it’s to keep them from being shut down. Those employees are all acting in compliance to what their job requires of them. The fact that you have had multiple negative experiences in different coffee shops shows that you are in fact, the problem. You embellish stories to victimize yourself and when you don’t get your way, you try to embarrass the businesses by posting disgusting articles like this one. For someone who is so worried about yours and your mother’s medical conditions you seem to only acknowledge them when they benefit you. With businesses these days offering mobile order ahead programs, you would think someone so concerned would just mobile order and pick that up to avoid A) having to wear a mask and B) further exposing yourself to an illness that probably wouldn’t benefit whatever condition you claim to have. Maybe it’s time you stop blaming the world for your unhappiness and start being a better customer. Or better yet, stay home if you’re SO concerned because honestly I am sick and tired of reading about people like you. For someone who I assume is a grown man, you sure do act like a child who is hearing “no” for the first time. Get over yourself and grow up. Leave businesses alone if this is how you are going to act because I’m sure they feel that if every customer acted like you, they’d rather have no customers at all. All of your angst would go away if you simply wore a mask for the 30 seconds it takes to walk in and out. You could have avoided wasting all you energy on being vengeful and avoided all of these experiences but you chose to make your life more difficult because you didn’t want to wear a piece of cloth. I hope you’re enjoying the attention you so clearly crave. Maybe one day you’ll learn to be a more positive member of society. I hope you learn your lesson from these experiences and comments.

    Reply
    • Sean July 11, 2020 at 6:58 am

      What he said. Perfect. Kevin please slink away

      Reply
  5. Kevin Daly July 10, 2020 at 5:01 pm

    The real issue is that there are people out there with legitimate health issues such as myself whose health condition is made worse by wearing a mask. I am surprised by the hate of many people!
    It appears that many people are afraid of the Corona virus including readers of this article.I am not denying its existence but don’t believe it’s is as bad as the general media portrays.
    The person who said that I had a similar incideny at Peet’s Coffee is partially correct .Allow me to correct
    his statement which is partially incorrect.I walked into Peets Cofee and my mom tried to explain that she had a health exception to wearing a mask and an employee named Lauren refused to listen to my mom and ordered her out of the store and told her she was not allowed in the store again . I tried to say something to Lauren and store employee Samantha yelled at my mom and I ‘get out!’
    We left the store and ran into family friend Jim a
    regular Peet’s Coffee custom who offered to talk to the
    store employees and smooth things out. He tried to speak with them and was told to ‘ get out’.Lauren stormed out of the store madder than a hornet and
    told mom mom and I we were permanently banned from the store and that if we did not leave the shopping
    center she was going to call the police on us.
    Sam’s father who is the head pastor of a local Ventura Church approached me in a local parking lot in a very hostile manner and accused me of lying about his daughter when it was Sam who yelled at my mom and I.

    Reply
    • KB July 13, 2020 at 4:06 pm

      I am perplexed that you presume people, including those that have responded to your article, are “afraid” of the virus just because they prefer to take precaution and wear a mask. How is it any different than someone who chooses to wear a seat belt or not, aside from the fact you can get a ticket, it’s a choice for our safety. I personally feel you do you and I will take care of me, but when the state and/or an employer has set a guideline for entering (or not) you should respect that guidance and the employees/others who are taking extra precaution for their safety! It’s not about hate, it’s about respect which you clearly lack. Additionally, you take no consideration for the young adults who you have so vindictively harassed, who you continue to post pictures and name. As a parent I am appalled that you would think this is a good example to set for our children that we are trying to raise as good, decent humans.

      So let me get this straight.. Your article is outlining how you were mistreated at CBTL because you would not wear a mask due to your medical condition. Your issue at Peet’s a week prior was due to your Mother’s medical condition that made it difficult for her to wear a mask. And what about the others you brought into Peet’s a few days later all claiming to have a medical condition, spouting their rights to not wear a mask because they are Trump supporters? Frankly, I am not sure what Trump has to do with COVID-19, wearing a mask or the requirements established by retailers? All I can surmise is that your actions are calculated and lacks decency and respect towards others for the simple fact that you feel your rights are violated. Stop taking it out on others and stop creating hostile situations in an already difficult time; we are all going through this!

      Reply
  6. Brandon July 10, 2020 at 4:12 pm

    This 43 year old “man” lives with his 76 year old mother and unemployed. Nothing better to do than harass young girls at coffee shops. He is a sad loser who is probably trying to give covid to his mother so he can inherit a house without having to work and earn it.

    Reply
  7. Nonya July 10, 2020 at 3:34 pm

    You showed up with an ADA complaint to bait them into litigation? YOU are what’s wrong with society. And as a mediator, you should know that it is legal “counsel”, not “council”.

    Reply
  8. Gm July 10, 2020 at 1:47 pm

    Kev aka Karen. you don’t get it. Businesses can’t stay open unless customers wear a mask. Its about protecting each other. It’s not about you. Please don’t go to any business if you can’t wear a mask! Thank you.

    Reply
  9. Cindy July 10, 2020 at 11:18 am

    Will if you don’t wanna wear mask don’t go out stay at home

    Reply
  10. Jessica July 10, 2020 at 5:49 am

    If you don’t want to wear a mask or take any precaution to keep yourself and others safe, you should also sign a waiver that you should not receive any medical help if you were to get coronavirus. Selfish ass

    Reply
  11. Karen July 9, 2020 at 6:13 pm

    Hey Kev, your 15 minutes of fame are over. Wear a mask or stay home and drink coffee. A lot cheaper.

    Reply
  12. David July 9, 2020 at 3:14 pm

    If you have health issues, maybe protecting yourself from a virus that disproportionately kills people with breathing issues would be a good idea. There have been several studies showing wearing a mask does not inhibit oxygen levels at all, and any issues breathing are in your head.

    Reply
  13. Romy July 9, 2020 at 2:07 pm

    Grow up, Chad. And if you can’t, stay tf home.

    Reply
  14. Nowlin Haltom July 9, 2020 at 1:41 pm

    Starbucks has a drive through a block away. Tired of these people and their outrage over a mask. Do the right thing.

    Reply
  15. Rick Sanchez July 9, 2020 at 7:56 am

    This is not discrimination. This is putting safety first in a time when rules and regulations are changing every day as new information on a deadly disease comes in. It is difficult for all of us to keep up, but wearing a mask is something we all should be doing to protect others. Yes, it is uncomfortable, but it is MORE uncomfortable for the workers who have to wear them 8 hours a day.

    De-escalate. If there is a problem in a store and you have a legitimate health problem that prevents you from wearing a mask, simply step outside, ask for the manager and I’m sure they will work it out.

    I have researched and found no medical condition that would prevent a person able to breathe on their own from wearing a mask and walking for coffee, but that is a whole other argument.

    This event sounds more like a litigation drunk ramble rousing attention getter than a legitimate complaint, much less discrimination.

    Reply
  16. Will July 9, 2020 at 6:43 am

    This so far was the best post and probably informed post on the type of person we’re reading about in this article.

    For the record, he did the VERY same thing at Peet’s Coffee a few weeks. After making a scene and yelling at a 19 year old, he was asked to leave. He then proceeded to return a couple days later with a group of people all not wearing masks, all stating they had a medical condition. One in particular harassed the employees while holding a Trump sign and telling employees to call her Trump.
    This person Kevin Daly is an antagonistic person who goes around skewing his truth for pure enjoyment. He should be ashamed of himself posting that picture and treating young adults so disrespectfully.

    Reply

    Reply
  17. David Smith July 8, 2020 at 11:20 pm

    This crybaby, Kevin Daly, would contract coronavirus and die in just world. But instead he will probably just leave it all over the place for the most vulnerable to get it and die. Until we start exhibiting zero tolerance for non-mask wearers and non-social distancers, this and any other virus that comes down the pike will continue to wreak havoc on our economy and social lives, not to mention the sickness and death that is very real. The virus has killed more than double the Americans in 6 months than Vietnam did in a decade.

    We are at war but are not being drafted into foxholes, we are being drafted into inconvenient but necessary behaviors. Conscientious Americans wear masks in public and follow the other guidelines including distancing, only going out for essential purposes, hand sanitizing rituals, etc. Those who do not are the equivalent of deserters during wartime — a capital offense.

    If we, together, are vigilant in seeing this traitorous behavior for what it is, we can call it out when we see it, and eventually put a stop to most of it. The conflicting signals from Washington confuse some people but we should not be confused as a community.

    Reply
  18. Robin July 8, 2020 at 10:59 pm

    Not sure they are Trump supporters. I think they are Democrats impersonating Trump supporters. I’m not a trump supporter nor a democrat. Be safe, wear a mask please.

    Reply
  19. Peggy July 8, 2020 at 9:22 pm

    Wow! At first I wanted to come to Kevin’s defense. But after having read the post, I agree what a jerk! Yelling at young employees is just not cool! It will have an impact on them for the rest of their lives!

    Reply
  20. Chris Kimbler July 8, 2020 at 7:54 pm

    Grow up,whiner!

    Reply
  21. alan miller July 8, 2020 at 6:30 pm

    What a jackass, I hope he gets the virus and gets mistreated.

    Reply
  22. Jamie July 8, 2020 at 6:24 pm

    Directly from the Department of Justice website: Assistant Attorney General for the Civil Rights Division Eric Dreiband reiterated today that cards and other documents bearing the DoJ seal and claiming that individuals are exempt from face mask requirements are fraudulent.

    Reply
  23. Mark July 8, 2020 at 3:40 pm

    What an entitled jerk. I’d bet he is so self centered he doesn’t realize how pathetic his version of the “facts” makes him look. And he claims he’s a mediator! Giggle….

    Reply
  24. Sue July 8, 2020 at 3:28 pm

    Kevin, stay home. We expect you to wear clothing too. I’m pretty sure being a jerk doesn’t come un ADA accommodations.

    Reply
  25. Elliott Mill July 8, 2020 at 2:24 pm

    So fed up with people extending limitations because they are too self involved to acknowledge the virus crisis. Can’t wear a mask indoors? Then send a friend in for you or stay home. You won’t be able to voice a complaint if you end up in hospital on a ventilator. What form will you fill out when no ventilator is available? Who will you blame if no qualified medical staff are there to help you? If you have a legitimate breathing issue or medical concern, then you should be the first person to don a mask for protection. Take a moment to think of others. Others include those braving the public to make a living. Businesses of every type have enough to deal with right now, without you adding to the stress. Get a grip.

    Reply
  26. John July 8, 2020 at 2:17 pm

    If I ever run into this type of person in a coffee shop I am going to immediately video record the scene and post it for 5 million people to laugh at. I have been watching videos almost everyday of these anti-mask Trumpers and they are hilarious.

    Reply
  27. John Foster July 8, 2020 at 2:06 pm

    Sorry folks, but I too am adversely affected by wearing a mask. Within 15 minutes, I begin to cough. Using a Pulse Oximeter I can demonstrate my problem. This is a known result of using a mask.

    That said, given my age and underlying health problems, I avoid going out and avoid going where I would be expected to wear a mask. Getting a haircut, I announce that I will begin to start coughing in ten minutes or so.

    I am not much a threat to pass the Wuhan Virus to anyone because if I get it, I am going to fairly quickly.

    I am, however, disappointed in how our elected, and now tyrannical, “leaders” have used fear, threats and coercion to bully us into foregoing our right and accepting economic hardships.

    This crisis is 20% science and 80% political.

    Reply
  28. Dana July 8, 2020 at 12:35 pm

    They have the right to refuse service regardless of any exceptions you may have presented.

    Reply
  29. Zarza1 July 8, 2020 at 11:10 am

    If you have a breathing problem, stay home and drink coffee there. If you can’t wear a mask, stay away from places that require one. It seems so basically simple to me.

    Reply
  30. KB July 8, 2020 at 11:09 am

    For the record, he did the VERY same thing at Peet’s Coffee a few weeks. After making a scene and yelling at a 19 year old, he was asked to leave. He then proceeded to return a couple days later with a group of people all not wearing masks, all stating they had a medical condition. One in particular harassed the employees while holding a Trump sign and telling employees to call her Trump.
    This person Kevin Daly is an antagonistic person who goes around skewing his truth for pure enjoyment. He should be ashamed of himself posting that picture and treating young adults so disrespectfully.

    Reply
  31. John White July 8, 2020 at 10:46 am

    I would appreciate if Daly would avoid Coffee Bean. I go there a lot and I don’t want to be exposed to people like him. Medical excuses are almost always fake. There are very few ailments that would prevent a person from wearing a mask for under five minutes required to get a drink. Is he aware that people make videos of the anti maskers and then post them on Youtube or Reddit so they can be laughed at? If you dont want to wear a mask then just stay home.

    Reply
    • Alessandra Forlani July 8, 2020 at 2:22 pm

      Businesses are suffering right now. Many people are unemployed! Why are you making it worse? If you have a problem that prevents you from wearing a mask, STAY HOME. We are all just trying to comply and flatten the curve. I’m sure going without coffee or tea will not cause you any long- term effects. Shame on you and your potential ambulance chasing attorney!

      Reply
  32. J, allen July 8, 2020 at 9:48 am

    If he is breathing well enough to go outside without any problems, then I’m sure he doesn’t have a medical problem enough to not wear a mask.

    Reply
  33. Melissa July 8, 2020 at 9:36 am

    Is this the writer’s first time out in public since COVID-19 took over our lives? They came with ADA “form in hand” looking for a fight. My guess is now, they’ve been served at many establishments and know that all places will accommodate by bringing their items to them. They should have been thoughtful and considerate enough to ask what the proper protocol was upon entering the establishment. This person will probably be the first in line to tell us that #AllLivesMatter when they really just mean their own.

    Reply
    • Kevin Daly July 11, 2020 at 9:08 pm

      Melissa,
      All lives do matter, not just one groups!

      Reply
  34. Michael Wurtzel July 8, 2020 at 9:21 am

    Please provide evidence that not wearing a mask during a public health pandemic violates the Americans with Disabilities Act of 1990.

    I have been to that Coffee Bean, the personnel are very nice and there is no indication that their premises or personnel are in violation of ADA laws.

    It sounds like you knowingly and purposely went into their place of business without wearing a mask during a public health pandemic just so you could prove some twisted point.

    It also sounds like their personnel were willing to make an accommodation to serve you by ordering on their app and bring your order to you outside.

    Your claim of discrimination is the same as making a false police report.

    Next time wear a mask and write a meaningful article about something real and factual.

    Your article is irresponsible and has the potential to cause damage to CBTL.

    Reply
  35. George July 8, 2020 at 9:17 am

    Suggest the would be customer schedule a counseling session immediately if not sooner.

    Reply
  36. Nun Ya July 8, 2020 at 9:03 am

    I agree that the situation could have been handled better, but employees are constantly given a hard time for trying to implement the policies that their employers ask them to enforce. On the other hand, businesses have the right to refuse service to anyone. If you don’t want to, or can’t, wear a mask, stay home or go elsewhere. It’s really that simple Kevin Daly.

    Reply
  37. Justin July 8, 2020 at 8:47 am

    I’ll eat my pants if this person actually has a legitimate medical condition that prohibits them from wearing a mask. This sounds like a textbook incident of a Karen/Ken not wanting to follow the rules because they think they’re special.

    Reply
    • Kevin Daly July 11, 2020 at 9:10 pm

      Justin,
      Eat your pants!

      Reply
  38. Ken July 8, 2020 at 8:38 am

    Seriously! This is completely un-newsworthy. Please stop shaming people for making a mistake. Get a life.

    Reply
  39. Martin July 8, 2020 at 8:28 am

    You went in with an ADA complaint form in hand? That’s convenient.

    Reply
  40. Kate July 8, 2020 at 8:23 am

    My question is…why would you have gone to a public place without wearing a mask in the first place? I get it that you have a “medical” excuse, but your excuse potentially puts others/me at risk. By intentionally putting me at risk by choosing to go to the establishment, without a mask, you are intentionally violating my right to health. Hmmm, maybe legal recourse goes both ways!

    Reply
    • Kevin Daly July 11, 2020 at 9:12 pm

      Kate,

      So you believe in discriminating against someone by forcing them to stay in a house because they wont wear a mask because it’s bad for their health?
      Is that a hateful thought Kate?

      Reply
  41. Jim July 8, 2020 at 7:38 am

    Interesting, I agree with the person that this situation could have been handled better by the Coffee Bean and Tea Leaf employee. The employer should provide sensitivity training for their staff to prevent situation like this from happening. Conversely, The filing of this offense with the ADA seems like a shack down. A very strong reaction for a first time offense.

    Reply
  42. Monica Farlow July 8, 2020 at 4:50 am

    I understand that you’re upset and frustrated but legal counsel, common!?! Are you truly going to take this that far? Yes, that person could of handled it better but she was thinking of her other customers and apparently she had no idea of this law and like you, wearing masks for a length of time… hinders my breathing because of asthma. Not wearing one when I’m in an enclosed building though if I’m going to be there for awhile, which wasn’t your situation but if I were doing major grocery shopping, etc… I’d definitely be wearing it. They make masks with holes for straws for when you drink. I would think enough air would get inside. Maybe look at getting one of those for yourself. Getting an attorney… you’d truly be the joke of the day and may be banned from all coffee houses. My opinion of coarse. I guess take a few days and some deep breaths and look at things from all angles. Hopefully the lead person has been trained to know everything now, along with all of the coffe bean employees.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *