INDIANAPOLIS — Masks are now required in several national stores, restaurants, and a growing number of Indiana counties are also instituting mask requirements.
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A legal expert says the Americans with Disabilities Act makes it so businesses must make reasonable accommodations to everyone. However, some misunderstandings are spreading about medical exemptions to wearing masks.
"The problem with what's going on right now, and some of the things that have been going around the internet, is that the advice, kind of spurious advice that's being put forth, is to use the provision for a reasonable accommodation as a sword rather than as a shield," David Tarrien, an associate professor at WMU-Cooley Law, said.
According to Professor Tarrien, the conditions that qualify as a mask exemption have a smaller scope than many realize. For example, asthma patients likely do not fall under that scope. However, later stages of pulmonary respiratory disease, emphysema, or a serious mobility issue can be "legitimate" reasons.
Furthermore, you can face repercussions for lying.
"If they're claiming that they have a disability and they don't have a disability, if that is found out, then there are criminal and civil penalties for that," Tarrien said.
As for privacy concerns, Tarrien says store employees are allowed to ask customers why they're not wearing a mask. If people refuse to answer, the store can refuse entry. Even if people give a legitimate reason for not wearing a mask, you can still be refused service. This is because the ADA does not apply if there's a direct threat to someone's health or safety.
Tarrien says HIPPA privacy laws also do not apply in these kinds of situations, because it only protects your information being shared inappropriately among medical facilities.
