Or: One Nation, Full of Karens.
Some Americans are trying to dodge orders by businesses or local governments to wear face coverings by claiming immunity under laws written to protect the rights of disabled people.
As the country’s coronavirus outbreak worsened in April, compulsory face covering was introduced in stores, on transport networks, and in other public places in some areas.
But not everyone is complying with the directives, and at least some are turning to a convoluted and dubious legal guide circulating on social media that claims to give them a free pass.
Some Americans are trying to dodge orders by businesses or local governments to wear face coverings by claiming immunity under laws written to protect the rights of disabled people.
As the country’s coronavirus outbreak worsened in April, compulsory face covering was introduced in stores, on transport networks, and in other public places in some areas.
As of Monday, at least 13 states were under compulsory orders, ranging from all public places to only limited areas, like public transit, where social distancing isn’t possible, according to Masks4All, a group founded by a collection of US-based scientists.
The US Centers for Disease Control and Prevention has recommended that people wear cloth face coverings in crowded public (while reserving surgical masks and N95 respirators for healthcare workers).
But not everyone is complying with the directives, and at least some are turning to a convoluted and dubious legal guide circulating on social media that claims to give them a free pass.
The claim that the tactics constitute a legal basis for not wearing a mask has been rated “mostly false” by the fact-checking website Snopes.
Here’s what’s happening:
- According to the guide, if confronted by store management, you should say you have a medical condition that means you can’t wear a mask.
- The document cites two laws that purportedly allow people to also say they are “not required to disclose my medical conditions.”
- The laws in question are the Health Insurance Portability and Accountability Act and the Americans with Disabilities Act. Their purpose is to protect patient privacy and the rights of some 61 million Americans who have disabilities.
- The letter goes on to warn of financial consequences for those who violate the ADA.
- “Organizations and businesses can be fined up to $75,000 for the first ADA violation and $150,000 for any subsequent violation,” the document says.
It is true that Americans are not generally obligated to disclose medical conditions and that the ADA demands that businesses should always try to accommodate people’s conditions.
The ADA, however, says this does not apply in cases in which health or safety could be compromised by a “direct threat.”
According to the ADA, a direct threat is “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies.”
There are times when I am quite simply gobsmacked by the level of pure ignorance coupled with self righteous entitlement on display.