Silvia Peters

4666 Rose Drive

Oceanside, CA 92956
760-805-7860
Surfline51@sbcglobal.net

COSTCO Wholesale Corporation

Chief Execute Officer Craig Jelinek
P.O. Box 34331
Seattle WA 98124
Cjelinek@costco.com

San Diego Board of Supervisors

Supervisor Greg Cox District 1 - Chair
Supervisor Diane Jacobs District - 2
Supervisor Christin Gaspar District - 3
Supervisor Nathan Fletcher District – 4
Supervisor Jim Desmond District Vise Chair – 5
C/O County Administration Center
1600 Pacific Highway, San Diego, CA 92101
Phone – 858-694-3900

United States Attorney General William Barr

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

November 22, 2020

RE: Disability Discrimination Complaint against Costco Wholesale Corporation

For Violations of the Unruh Civil Rights Act Section 51 Ch. 420, Sec.3.Violations of
the American with Disabilities Act of 1990 (ADA) 42 USC § 12101 Title III

A week ago I was watching a video and found that a large group of people were
boycotting Costco Wholesale Corporation due to Costco’s requirement for mask
covering. So I decided to do a search for myself and found that this in fact was true and
being reported all over the net. https://www.nbcchicago.com/news/local/costco-
requiring-customers-with-medical-conditions-to-wear-face-shields/2368968/
https://abc30.com/costco-face-covering-rules-mask-rule-shield/7901602/

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I did not find an article in relation to the state of California and since I live in the state of
California I will focus my letter to such requirements in the state of California.
I also searched the state of California Guideline for Face covering and checked for new
updates. Under the State of California Department of Health and Human Services
Agency under the Department of Public Health Dated, June 18, 2020
https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID
-19/Guidance-for-Face-Coverings_06-18-2020.pdf

“THE FOLLOWING INDIVIDUALS ARE EXEMPT FROM WEARING A FACE

COVERING”
• Persons younger than two years old. These very young children must not wear a face
covering because of the risk of suffocation.
• Persons with a medical condition, mental health condition, or disability that prevents
wearing a face covering. This includes persons with a medical condition for whom
wearing a face covering could obstruct breathing or who are unconscious,
incapacitated, or otherwise unable to remove a face covering without assistance.
• Persons who are hearing impaired, or communicating with a person who is hearing impaired,
where the ability to see the mouth is essential for communication.
• Persons for whom wearing a face covering would create a risk to the person related to their
work, as determined by local, state, or federal regulators or workplace safety guidelines.
• Persons who are obtaining a service involving the nose or face for which temporary removal of the
face covering is necessary to perform the service.
• Persons who are seated at a restaurant or other establishment that offers food or beverage
service, while they are eating or drinking, provided that they are able to maintain a distance of at
least six feet away from persons who are not members of the same household or residence.
• Persons who are engaged in outdoor work or recreation such as swimming, walking, hiking,
bicycling, or running, when alone or with household members, and when they are able to maintain a
distance of at least six feet from others.
• Persons who are incarcerated. Prisons and jails, as part of their mitigation plans, will have specific
guidance on the wearing of face coverings or masks for both inmates and staff.

The word, “EXEMPT” in the findlaw dictionary means:

exempt adj

: free or released from some obligation or duty to which others are subject
: not subject or liable [certain properties are declared to be and cannot be
taken by a person's creditors "J. H. Williamson"]

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 vt : to release or exclude from some liability (as in taxation), obligation, or duty to
which others are subject [s the income of a spendthrift trust "W. M. McGovern,
Jr. et al."]

Black’s Law Dictionary

What is EXEMPT?
v. To relieve, excuse, or set free from a duty or service imposed upon the general
class to which the individual exempted belongs; as to exempt from militia service.
See 1 St. at Large, 272.To relieve certain classes of property from liability to sale on
execution.

So the term “EXEMPT” simply means that the disabled individual or the individuals
under the, subheading paragraph on page two:
“THE FOLLOWING INDIVIDUALS ARE EXEMPT FROM WEARING A FACE
COVERING”

Does not give allowance to a “FACE SHIELD” in the state of California.

I noticed that the above, and check the new updates. Under the State of California
Department of Health and Human Services Agency under the Department of Public
Health Dated, June 18, 2020. So I made a quick search to see if these State of
California guidelines had changed. Indeed they had been updated on November 16,
2020. The new guidelines began with the subheading, “

“Note: The following guidance supersedes face coverings guidance released on

June 18, 2020. This updated guidance mandates that a face covering is required
at all times when outside of the home, with some exceptions.”

“THE FOLLOWING INDIVIDUALS ARE EXEMPT FROM WEARING FACE

COVERINGS AT ALL TIMES:”

 Persons younger than two years old. These very young children must not wear a
face covering because of the risk of suffocation.
 Persons with a medical condition, mental health condition, or disability that
prevents wearing a face covering. This includes
 persons with a medical condition for whom wearing a face covering could
obstruct breathing or who are unconscious, incapacitated, or otherwise unable to
remove a face covering without assistance. Such conditions are rare.
 Persons who are hearing impaired, or communicating with a person who is
hearing impaired, where the ability to see the mouth is essential for
communication.

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  Persons for whom wearing a face covering would create a risk to the person
related to their work, as determined by local, state, or federal regulators or
workplace safety guidelines.

“Note: Persons exempted from wearing a face covering due to a medical

condition who are employed in a job involving regular contact with others must
wear a non-restrictive alternative, such as a face shield with a drape on the
bottom edge, as long as their condition permits it.”

There were some changes from the June 18, 2020 State Guidelines to the November
16, 2020 California Guideline for Face covering. However there were no changes
under the; “individuals who are exempt from wearing face coverings at all times”

COSTCO Wholesale Corporation did make changes to their face mask policy that
went above and beyond the requirement and guidelines for the state of California.

If one were to examine the paragraph of the exemption to a face coverings the final
paragraph which begins with “NOTE” it states that an “EMPLOYEE” with a disability is
exempt from wearing a mask but due to their contact with others must wear a “non-
restrictive alternative, such as a “face shield with drape on the bottom edge.”

As you can see this paragraph is referring to EMPLOYEES not CUSTOMERS I am sure
I do not have to explain the difference between an employee and a customer.
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-
coverings.aspx

You see California has its own “Constitution” as well as some states. The California
Disability Act is reference to the Unrah Civil Rights Act.1 So the Unrah Civil Rights Act is
aligned with the United States of America’s Rights under the American with Disabilities
Act 42 U.S.C § 121012 which prohibit discrimination on the bases of disability in all

1
Section 51. (Amended by Stats. 2005, Ch. 420, Sec 3.) Cite as: Cal Civil Code § 51. (a) This
section shall be known, and may be cited as the Unruh Civil rights Act. (b) All persons within
the jurisdiction of this state are free and equal, and no matter what their sex, race, color,
religion, ancestry, national origin, disability, medical condition, marital condition, or sexual
orientation, are entitled to the full and equal accommodations, advantages, facilities, privileges,
or services, in all business establishments of every kind. The Unruh Civil Rights Act is a piece of
California legislation that specifically outlaws discrimination based on sex, race, color, religion,
ancestry, national origin, age, disability, medical condition, genetic information, marital status,
or sexual orientation. This law applies to Unrah Civil Rights Act.1 The law was enacted in
1959 and was named for is author Jesse M. Unruh. The Unruh Civil Rights Act is codified as
California Civil Code Section 51.
2 The Americans with disability Act of 1990 or ADA (42 U.S.C § 12101 Tittle III-- public
accommodations (and commercial facilities) 42 U.S.C. §  § 12181-12189 Under Title III, no
individual may be discriminated against on the basis of disability with regard to the full and
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business establishments of every kind This law applies to all businesses in
California, including hotels, and motels, restaurants, theaters, hospitals, barber
and beauty shops, housing accommodations, and retail establishments. The law
was enacted in 1959 and was named for is author Jesse M. Unruh. The Unruh Civil
Rights Act is codified as California Civil Code Section 51.

COSTCO Wholesale Warehouse cannot argue that it is a “private company” and

exempt from both the California and the United States Constitutions. In fact this was
found to be the case in the case of COSTCO dealing with discrimination in its facilities
whereby the Securities Exchange Commission in Washington DC informed COSTCO
Warehouse Corporation John Sullivan Jsullivan@costco.com COSTCO in response to
the Office of Chief Counsel Division of Corporation Finance, Costco Board agreed to,
“to adopt, implement and enforce a revised companywide code of conduct that
includes an anti-discrimination policy that protects employees' human right to
engage in the political process, civic activities and government of his or her
country without retaliation3.” https://www.sec.gov/divisions/corpfin/cf-noaction/14a-
8/2014/nationalcenter111414-14a8.pdf

COSTCO did implement what the company refers to, “Inclusion” meaning anti-
discrimination policies for its employees.

INCLUSION AT COSTCO
We support workplace equality.

It always has been and continues to be Costco's policy that employees should be able
to enjoy a work environment free from all forms of unlawful employment
discrimination. All decisions regarding recruiting, hiring, promotion, assignment,
training, termination, and other terms and conditions of employment will be made
without unlawful discrimination on the basis of race, color, national origin, ancestry,
sex, sexual orientation, gender identity or expression, religion, age, pregnancy,
disability, work-related injury, covered veteran status, political ideology, genetic

equal enjoyment of the goods, services, facilities, or accommodations of any place of public
accommodations by any person who owns, leases, or operates a place of public
accommodation by any person who owns, leases, or operates a place of public accommodation.
Public accommodations include most places of lodging (such as inns and hotels), recreation,
transportation, education, and dining, along with stores, care providers, and places of public
displays.
3 A quick 60-second search into employee discrimination lawsuits just in the county of San

Diego lead me to on or about 300 lawsuits. This is just in the county of San Diego just imagine
what the number of claims are just in the state of California if you were to add all the counties?
Then add all the states? Do you really need more Disability discrimination lawsuits when a
disabled person is forced to wear a “face shield” and collapses in your store causing physical
injuries? Do you know what categories fall under “Mental Health Condition”??
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 information, marital status, or any other factor that the law protects from employment
discrimination.

Costco has a diverse workforce. Our mission is to foster a climate of inclusion to take
advantage of that diversity.
https://www.costco.com/inclusion.html

COSTCO Warehouse Corporation is doing business in the state of California in the

County of San Diego and these are located in the United States of America. We have
laws here that the company must abide by and ant-disability discrimination is one of
them.” You may want to train yourself and your employees in this 37-page Covid-19
playbook particularly pages 27 and forward.
https://files.covid19.ca.gov/pdf/employer-playbook-for-safe-reopening--en.pdf

After reading your new policy I see that COSTCO Warehouse Corporation has failed to
train its employees, and failed to disseminate anti-discrimination policies towards the
treatment of the public who shop at COSTCO Warehouse Corporation. .

These Covid-19 Guidelines have been posted on the San Diego County website since
June 18, 2020 and revised on November 16, 2020. Giving COSTCO Warehouse
Corporation plenty of time to read the CALIFORNIA DEPARTMENT OF PUBLIC
HEALTH GUIDELINES, train its employees and disseminate the mask covering
guidelines to the public by posting them in their front entrance, which they have failed to
do. I find that the new Costco Warehouse Corporation policy willfully, egregiously, and
careless attitude violated the rights of disabled Americans under The Americans with
disability Act of 1990 or ADA (42 U.S.C § 12101 Tittle III-- public accommodations (and
commercial facilities) 42 U.S.C. §  § 12181-12189 and Section 51. (Amended by Stats.
2005, Ch. 420, Sec 3.) Cite as: Cal Civil Code § 51. (a) This section shall be known, and
may be cited as the Unruh Civil rights Act. (b).

COSTCO Warehouse Corporation’s new face covering policy is flawed. Because the
policy is flawed and interchanges contrary to the Guidelines set forth under the State of
California Health and Human Services Agency, The California Department of Public
Health, the California Unruh Civil Rights Act and the United States American with
Disabilities Act. Therefore, I am respectfully asking that COSTCO Warehouse
Corporation redirects its actions and nullifies its new California discriminatory policy
against disabled customers.

Sincerely, Silvia Peters______

Silvia Peters Silvia Peters

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