I am going to start off by posting some screen shots that I am going to ask each of you to bear patiently with me and read. They provide some context for my remarks this week.
For me, this is something I believe should transcend politics. I am sure it is already evident to anybody reading our family’s blog over the past three months, but we support the wearing of masks to limit the risk of transmitting COVID. I think that in addition to requiring them in public spaces, all therapists or professionals working with others in their home should be wearing them also. This is one of the best things any of us can do to protect those we work with right now (plus staying home if you develop any symptom of illness).
Viruses do not discriminate. They do not care who you are, they do not care who you love or trust, they do not care who loves or trusts you. Avoiding certain people based on where they work or play won’t protect you, and assuming others are safe because they look healthy won’t either. Viruses truly are “equal opportunity” pathogens, though we know with this particular virus not everyone will get seriously sick. And perhaps that is why some do not worry as much, and local cases are very much on the rise. Perhaps an individual personally may not get very sick, but someone they know, love, or work with may not survive an infection from this virus.
And yet, that really isn’t my only point. I am touching further on this because now that many communities in our state will be mandating masks, I fear that in these Arizona communities we will start to see more people trying to claim disabilities to dodge this requirement. This has been a topic in some spaces on-line before, and perhaps some of you have seen this type of advice too when it began to circulate.
I am going to cite an article written by an attorney, Michael Wong, writing for JD Supra:
“With regard to masks, generally the ADA prohibits places of public accommodation having restrictions that would limit access to an individual with a disability. However, the ADA does allow restrictions when an individual would pose a direct threat to the health or safety of others.
As of March 2020, the EEOC has declared that the COVID-19 pandemic meets the direct threat standard, based on guidance from the CDC and public health authorities regarding the risk of community spread and institution of restrictions. IMPORTANT– This standard may change and so businesses must stay up-to-date.
Since the COVID-19 pandemic is currently considered a direct threat by the EEOC, a business would likely be on solid ground to require customers to wear face masks or covering when entering into their premises.”
So, anybody trying to do this doesn’t really have the law behind them based on the provisions of the ADA. But above that, I haven’t encountered anybody who looks at my son and wishes they too could experience his challenges and limitations. In fact, many people in our society look down on individuals like Tony whose disabilities come with more extensive behavioral challenges and functional limitations. Some people even see him and those like him as being “less than” in every way.
And now, people who most likely would never want to have any of the conditions they are claiming exempt them from mask wearing are trying to get out of these mandated health measures aimed at protecting more vulnerable people from their germs- should they be contagious and not symptomatic. Which, according to the CDC, is the case for at least 35% of infected individuals.
We traditionally, as Americans, have enacted laws to protect others from things other individuals might desire to do that would cause harm. I see the mask requirements as being no different.
Except, perhaps, that claiming a disability isn’t a privilege someone can put on and discard like a shield from something found to be unpleasant. Having these conditions and valiantly striving to find a place within a society that often relegates disabled individuals to a dramatically lower status deserves a badge of honor, but has sadly earned mainly some legal protections for those who qualify through actually having these diagnoses.
I wouldn’t dream of trying to take Tony any place requiring a mask right now and use the ADA as an excuse to get him in without one. Being Tony probably has been far harder than even I could imagine, and as his mom, I have had a front row seat to every single one of his challenges. A front row seat though, isn’t the same as actually being the one to experience everything on the inside. Because of his tactile defensiveness and the severity of his sensory differences, he’s not capable of wearing a mask for more than 30 seconds right now. But I respect his safety, I respect the safety of everyone around us, and I can find ways to meet or family’s needs without taking him anywhere public right now. And other differently-abled individuals and their loved ones probably can also.
As each of you go out in our community in the following weeks, I would ask that you be my voice and with kindness and gentleness educate others about these matters who may be trying to avoid mask wearing by claiming protection with the ADA for a nonexistent condition.
