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Feel free to print out your own Face Mask Exemption Card (Original Post) packman Jun 2020 OP
Is there a place to write in your next of kin? nt. BlueIdaho Jun 2020 #1
My nephew claims he can't legally wear a mask... Wounded Bear Jun 2020 #2
You know - he may be right packman Jun 2020 #4
Which state? sl8 Jun 2020 #8
Washington. Like I said, I haven't checked...nt Wounded Bear Jun 2020 #9
Well, considering the gun won't protect him from the virus, PA Democrat Jun 2020 #14
If you're brave enough to not wear a mask you're brave enough to not open carry. Nevilledog Jun 2020 #15
But not wearing a mask is different than carrying a phallus enhancer. TheBlackAdder Jun 2020 #32
Tell him he can wear a mask legally sarisataka Jun 2020 #24
Thanks for the info...nt Wounded Bear Jun 2020 #30
How about a face shield? A whole different thing. And just as effective. albacore Jun 2020 #41
Sir, this is a coupon for Wendy's JHB Jun 2020 #3
LOL! fleur-de-lisa Jun 2020 #11
Funny!!! PCIntern Jun 2020 #16
You should know that is legit and important. There are people who can't tolerate masks mucifer Jun 2020 #5
Those people need to stay home wryter2000 Jun 2020 #10
That is true. Caliman73 Jun 2020 #19
Those who physically can't tolerate masks are extremely careful about social distancing too. LeftInTX Jun 2020 #25
'"COVID-19 ALERT: Fraudulent Facemask Flyers" sl8 Jun 2020 #26
All the more reason to stay at home BannonsLiver Jun 2020 #29
I'd say about a third of my patient population has Chronic Obstructive Pulmonary Disease. Aristus Jun 2020 #36
The card is NOT legit or important. Ms. Toad Jun 2020 #38
I have to admit, it is clever. Steelrolled Jun 2020 #6
and if a business finds not wearing a mask to be an abomination to the Lord God and sinful? Thomas Hurt Jun 2020 #7
LOL wryter2000 Jun 2020 #13
Pants and underwear cause claustrophobia for me. Buckeye_Democrat Jun 2020 #12
On the backside is the waiver of medical treatment. SoonerPride Jun 2020 #17
Works for me! Buckeye_Democrat Jun 2020 #20
As long as businesses make accommodations for people unable to wear masks, PA Democrat Jun 2020 #18
ADA does not address masks Freddie Jun 2020 #22
Correct it does not expressly address masks - but the ADA is intentionally non-specific. Ms. Toad Jun 2020 #39
"Posses" MontanaMama Jun 2020 #21
Ha- didn't catch that packman Jun 2020 #23
Right up there with the phony support animal b.s. PoindexterOglethorpe Jun 2020 #27
ADA says disabilities must be accommodated except when there is "a significant risk to the health PA Democrat Jun 2020 #28
Excellent - Ms. Toad Jun 2020 #40
Arggh Gothmog Jun 2020 #31
And from Snopes, the quick read Maeve Jun 2020 #33
But they do need to reveal the condition if they want reasonable mods Mosby Jun 2020 #37
Those Face Mask "ADA Exemption" Cards Are Dangerous Nonsense Gothmog Jun 2020 #34
These cards do not carry the force of law': Gothmog Jun 2020 #35

Wounded Bear

(58,646 posts)
2. My nephew claims he can't legally wear a mask...
Thu Jun 25, 2020, 11:35 AM
Jun 2020

because he has a concealed carry permit for his gun.

I haven't checked on that yet, but

PA Democrat

(13,225 posts)
14. Well, considering the gun won't protect him from the virus,
Thu Jun 25, 2020, 11:45 AM
Jun 2020

I'd advise him to leave the gun at home and wear a mask in public.

sarisataka

(18,600 posts)
24. Tell him he can wear a mask legally
Thu Jun 25, 2020, 12:09 PM
Jun 2020
VERIFY: YOU CAN WEAR A MASK AND CARRY A GUN IN WASHINGTON

Starting this Friday, all Washington residents will be required to wear masks or face coverings inside public places.

Following the Governor's announcement on Tuesday, many of you asked how this order will affect Washington's concealed pistol license holders.

There are posts online that say Washington law does not allow you to conceal carry a firearm while wearing a mask.

But, how does this line up with Washington state law?
https://www.google.com/amp/s/www.krem.com/amp/article/news/verify/verify-yes-you-can-wear-mask-and-carry-weapon-washington/293-cdde6df7-6210-48ac-bca2-3e616e43d74d

The article goes on to explain why a mask worn for Covid does not make concealed carry illegal.

albacore

(2,398 posts)
41. How about a face shield? A whole different thing. And just as effective.
Sat Jun 27, 2020, 07:01 PM
Jun 2020

"Amesh Adalja, M.D., a pandemic preparedness expert at the Johns Hopkins Center for Health Security, says, “There's a lot of at least biological possibility to suspect that [shields] are definitely better than homemade face masks, and maybe even better than other types of masks as well, because they not only prevent you from spreading it … [and] because it also covers your eyes, it provides more protection to the mucus membranes of your face where you might be getting infected.”

https://www.aarp.org/health/healthy-living/info-2020/shields-compared-to-masks.html

mucifer

(23,530 posts)
5. You should know that is legit and important. There are people who can't tolerate masks
Thu Jun 25, 2020, 11:37 AM
Jun 2020

they have respiratory or cardiac diseases or claustrophobia.

If everyone else wears a mask we'd be fine.

Governor Pritzker of Illinois is very strict on following science and he explained it well.

wryter2000

(46,037 posts)
10. Those people need to stay home
Thu Jun 25, 2020, 11:43 AM
Jun 2020

If they're that compromised, they shouldn't be around other people.

Caliman73

(11,730 posts)
19. That is true.
Thu Jun 25, 2020, 11:50 AM
Jun 2020

Those people usually carry the medical order that supports that claim.

What is being posted in this thread is a group of 300 people who are printing out useless cards and promoting defiance of mask wearing for "personal liberty" not any legitimate medical need.

We should not be conflating these groups with anything legitimate. If you cannot wear a mask, then your doctor should know and should write a letter that you can show.

We know that there are legitimately children who cannot receive vaccines because they are allergic or their immune system is too compromised. That doesn't mean that we don't call our anti-vaxxers who are just "worried" because they saw a facebook post.

sl8

(13,736 posts)
26. '"COVID-19 ALERT: Fraudulent Facemask Flyers"
Thu Jun 25, 2020, 12:19 PM
Jun 2020

From https://www.ada.gov/covid-19_flyer_alert.html


COVID-19 ALERT

*COVID-19 ALERT: Fraudulent Facemask Flyers*

The Department of Justice has been made aware of postings or flyers on the internet regarding the Americans with Disabilities Act (ADA) and the use of face masks due to the COVID-19 pandemic, many of which include the Department of Justice’s seal.

These postings were not issued by the Department and are not endorsed by the Department.

The Department urges the public not to rely on the information contained in these postings and to visit ADA.gov for ADA information issued by the Department.

For more information and technical assistance about the ADA, please contact the ADA Information Line at 800-514-0301 (voice) and 800-514-0383 (TTY).




Aristus

(66,316 posts)
36. I'd say about a third of my patient population has Chronic Obstructive Pulmonary Disease.
Sat Jun 27, 2020, 06:31 PM
Jun 2020

Because apparently smoking is still the cool and rebellious thing to do.

Not one of them has told me they were unable to wear a mask due to being unable to breathe or whatever. Hell, I have patients with combined asthma/COPD, congestive heart failure, and a history of pulmonary embolism, and they all wear masks when they come in to the clinic.

No, the whole anti-mask hysteria was invented by Trumpsters as part of their never-ending campaign to oppose science and reason whenever possible. They have been abetted by AM hate radio spewing anti-mask idiocy all day.

Ms. Toad

(34,062 posts)
38. The card is NOT legit or important.
Sat Jun 27, 2020, 06:46 PM
Jun 2020

It is a scam.

Most of the people who have legitimate medical reasons for not wearing masks should be sheltering in place becasue the disease itself is a respiratory disease and the vast majority of real medical issues are respiratory (either you can't pull in enough oxygen, or your body is inefficient at using it). Anyone who has that kind of need is at a significantly increased risk for debilitating consequences from COVID 19 - and should not risk exposure.

Some, however, have non-respiratory conditions (the main one I can think of is autism).

BUT that card (and the covidiots who carry it) make it much harder for people who really can't wear a mask - because instead of assuming that people not wearing masks are among the few who legitimatley cannot wear them, the immediate suspicion is that the person not wearing masks are mask slackers/covidiots.

 

Steelrolled

(2,022 posts)
6. I have to admit, it is clever.
Thu Jun 25, 2020, 11:38 AM
Jun 2020

Reminds me of something Bart Simpson would come up with.

Bart: But Mom, making me wear a mask is a violation of the ADA!
Homer: He's got us there Marge
Marge: MMMMMmmmm

PA Democrat

(13,225 posts)
18. As long as businesses make accommodations for people unable to wear masks,
Thu Jun 25, 2020, 11:49 AM
Jun 2020

I really don't see how they are violating the ADA.

For example, if businesses offer to do shopping for those unable to wear a mask, I don't think they have a case.

Ms. Toad

(34,062 posts)
39. Correct it does not expressly address masks - but the ADA is intentionally non-specific.
Sat Jun 27, 2020, 06:56 PM
Jun 2020

The ADA does require businesses to accommodate people who are actually dieabled (or perceived to be disabled), and whose disability prevents them from wearing a mask.

Once that threshold is passed, businesses (places of public accommodations) must reasonably accommodate needs related to the disability. (The business can take into account the safety of other consumers, so it is extremely likely that providing a shopping service would be an appropriate accommodation.)

But The whole point of the ADA is to increase access. To do that, rather than allowing the person with a disability to choose from the 6-chocolate box that people without disabilities get to choose from - it allows them to design their own chocolate (to have an accommodation that allows them to access to the public accommodation). Too often, the ADA is interpreted as merely expanding the chocolate selection to 12 (i.e. these are the accommodations we offer. If they don't work for you - too bad). This is a misreading of the law.



 

packman

(16,296 posts)
23. Ha- didn't catch that
Thu Jun 25, 2020, 12:08 PM
Jun 2020

The whole "card" thing reminded me of those Liberal Hunting Permits from a few years back:




But, hey, don't take it seriously. You know, liberals have no sense of humor. It's just Repukes kidding around.

PA Democrat

(13,225 posts)
28. ADA says disabilities must be accommodated except when there is "a significant risk to the health
Thu Jun 25, 2020, 12:50 PM
Jun 2020

or safety of others."

https://r.search.aol.com/_ylt=A2KLfRu_0PRek24APBBpCWVH;_ylu=X3oDMTByNXM5bzY5BGNvbG8DYmYxBHBvcwMzBHZ0aWQDBHNlYwNzcg--/RV=2/RE=1593131328/RO=10/RU=https%3a%2f%2fwww.insider.com%2fanti-mask-protesters-cite-ada-disability-law-dodge-mask-requirement-2020-5/RK=0/RS=fBaqIOA8Gtn8w7qgNsT.VDLeSP0-


More guidance here:

If a person with a disability is not able to wear a face mask, state and local government agencies and private businesses must consider reasonable modifications to a face mask policy so that the person with the disability can participate in, or benefit from, the programs offered or goods and services that are provided. A reasonable modification means changing policies, practices, and procedures, if needed, to provide goods, services, facilities, privileges, advantages, or accommodations to an individual with a disability.[10] The requirement to modify a policy, practice, or procedure does not include individuals without disabilities, as they are not protected under the ADA.

Examples of reasonable modifications to a face mask policy

-Allow a person to wear a scarf, loose face covering, or full face shield instead of a face mask;

-Allow customers to order online with curbside pick-up or no contact delivery in a timely manner;

-Allow customers to order by phone with curb-side pick-up or no contact delivery in a timely manner;

-Allow a person to wait in a car for an appointment and enter the building when called or texted; or

-Offer appointments by telephone or video calls.


https://www.adasoutheast.org/ada/publications/legal/ada-and-face-mask-policies.php

Ms. Toad

(34,062 posts)
40. Excellent -
Sat Jun 27, 2020, 06:59 PM
Jun 2020

better than my on-the-fly summary above.

One key thing is that the starting point is the person must be disabled. If their condition is not disabling, the ADA does not cover them.

Further the disability must prevent them from wearing a mask (so if your disability is that you are a double amputee, it is unlikely that that particular disablity will prevent you from wearing a mask).

Maeve

(42,279 posts)
33. And from Snopes, the quick read
Fri Jun 26, 2020, 03:13 PM
Jun 2020
https://www.snopes.com/fact-check/valid-face-mask-exemption-card/

What's True

The ADA requires that businesses with mandatory mask rules for customers due to COVID-19 also must accommodate people who may not be able to wear masks due to medical conditions or disabilities. In many cases individuals do not need to disclose or provide proof of those medical conditions.
What's False

However, face mask "exempt" cards were declared fraudulent by the U.S. Department of Justice. The FTBA, the organization mentioned on the card to “report” potential violations to, also does not appear to be officially recognized by any government agencies as an enforcing body.

Mosby

(16,299 posts)
37. But they do need to reveal the condition if they want reasonable mods
Sat Jun 27, 2020, 06:43 PM
Jun 2020
How should I respond to a request for a reasonable modification to the face mask policy?

The U.S. Department of Justice issued two
settlement agreements that provide guidance on the reasonable modification decision-making process.[23][24]

Choose at least one person, and a back-up, who are authorized to receive and review requests for reasonable modifications. The decision-maker for a state or local government agency is the head of the public agency or his/her designee.[25]

After receiving a request for a reasonable modification, talk with the individual with a disability to learn why the person needs to modify the face mask policy and to find a solution that meets ADA requirements. Decisions about reasonable modifications should be made in a timely manner.

After the discussion, the government agency or private business may:

Agree to the request.

Ask for medical documentation about the person’s disability that is necessary to:

Verify that the individual meets the ADA definition of disability (i.e., has a physical or mental impairment that substantially limits one or more major life activities); or
Describe the needed modification; or
Show the relationship between the individual's disability and the need for the requested modification.
It is important to remember that if a person’s disability is obvious, information about the disability should not be requested unless it is necessary to evaluate the disability-related need for the modification. In most cases, an individual's medical records or detailed information about the nature of an individual's disability are not necessary for this inquiry.

Deny the request. If a request for modification is denied, a state or local government agency must provide a written statement as to why the request was denied. Private businesses are also encouraged to document the reason for denying a request for reasonable modification, provide a copy to the person with a disability, and keep a copy on file.

https://www.adasoutheast.org/ada/publications/legal/ada-and-face-mask-policies.php

Gothmog

(145,129 posts)
34. Those Face Mask "ADA Exemption" Cards Are Dangerous Nonsense
Fri Jun 26, 2020, 05:35 PM
Jun 2020

These cards are totally bogus




Every morning I get a text message from my disabled grandmother’s nursing home telling me how many residents have died “COVID related deaths” since the pandemic began. As of Friday morning? Eighteen. Every night, I dread the possibility of waking the next morning to find the number has ticked even higher. Nationwide, more than 33,000 nursing home residents have been killed by COVID-19. Despite the promise of the Americans With Disabilities Act of 1990, landmark civil rights legislation designed to guarantee the rights of disabled Americans, the United States has continually failed disabled people. Where were the ADA protections for those 33,000 nursing home residents? And our government isn’t even bothering to track, in any nationwide, systematic way, the number of disabled people dying in other institutional settings, like psychiatric facilities and group homes—where are their ADA protections?

Now nondisabled scammers want you to believe that the ADA “protects” them from having to wear a face mask in public. Don’t believe them.

An outfit calling itself the “Freedom to Breathe Agency” (both its Wix website and Facebook group have now been taken down) has been distributing a “Face Mask Exempt Card” designed to be presented to businesses. The card reads: “I am exempt from any ordinance requiring face mask usage in public. Wearing a face mask poses a mental and/or physical risk to me. Under the Americans with Disability Act (ADA), I am not required to disclose my condition to you.” The card also features the seal of the U.S. Department of Justice and the threat “If found in violation of the ADA you could face steep penalties. Organizations and businesses can be fined up to $75,000 for your first violation and $150,000 for any subsequent violations.”

That might sound vaguely convincing if you aren’t familiar with the ADA. But it’s all nonsense—the Department of Justice has called the cards fraudulent. And it’s dangerous nonsense at that.

First, when we’re considering face masks, the ADA applies only to people who are actually disabled. It is absolutely true that there are people who cannot wear a face mask because they have a disability. And while there is no sort of master list of “ADA-approved” reasons for not wearing a mask, to give just a few examples, they may include people with COPD, asthma, cystic fibrosis, PTSD, and autism. These are the people the ADA is designed to protect—people who are actually disabled. The ADA does not apply to ableds lying about disability in order to spread a disease that disproportionately kills members of marginalized groups—e.g., the Black, Latinx, indigenous, poor, and, yes, disability communities.
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