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Legal experts: Mask requirements likely don't violate Americans with Disabilities Act

Pittsburgh Tribune-Review - 7/25/2020

Jul. 24--Cries from across the country claiming constitutional rights are being stripped away by mask requirements might not be as valid as some people think.

Mask requirements, put in place to help curb the spread of the coronavirus, are being challenged with lawsuits claiming they violate the Americans with Disabilities Act.

Likely not, at least according to federal authorities.

The ADA does not provide a blanket exemption to people with disabilities due to the "legitimate safety requirements necessary for safe operations," the Department of Justice recently announced.

The announcement came after people began distributing cards and documents claiming they are exempt from face mask requirements and citing the ADA, now in its 30th year.

"I'm a little skeptical by the mask challenges in that regard," said Pittsburgh employment lawyer Sam Cordes said. "And by mask challenges, I mean by a lawsuit saying you have to accommodate that in any way other than providing an alternative way to shop."

As several areas of the country see continual covid-19 spikes, chains like Walmart, Lowe's, Aldi and Target are requiring masks, orders that often receive backlash. Local grocery chain Giant Eagle, which also requires customers to wear masks, has been subject to more than 30 lawsuits saying the policy does not comply with the ADA.

Cordes, speaking of the suits, said it seems the business has provided reasonable accommodations through curbside pickup, home delivery and the use of a personal shopper.

"What I want is, I want access to buy what the business is selling," Cordes said. "Can that be accommodated? Well that seems pretty easy, doesn't it? You have a personal shopper or you give me a list and I'll get you the goods. ... I don't see a court's going to tell a business you have to violate a state law to accommodate when there's another way that can be done."

According to the Southeast ADA Center, reasonable accommodations like face shields or loose masks, curbside pickup or no contact delivery and appointments by phone or video call all adhere to the Americans with Disabilities Act.

Gov. Tom Wolf made masks mandatory at the beginning of July, stating they must be worn whenever anyone leaves their home. The decision was based on several recommendations from the Centers for Disease Control and Prevention.

To comply with the order, other places of business, including universities, which are looking to reopen in the fall, are also trying to address mask policies.

Indiana University of Pennsylvania stated that students who indicate they cannot wear a mask and need reasonable accommodation must provide documentation of a disability and a doctor's certification they cannot wear a mask or face covering.

If the student is approved, they will be presented with a letter that can be shown on campus. As of now, students are required to wear masks while in the classroom.

Other suits against mask mandates have been filed in Jacksonville, Fla., Washington state and others.

"The ADA requires something that's called an interactive process," Cordes said. "All that means is you have to sit down and talk about things. And sometimes that doesn't happen, there needs to be that interactive process. And both sides need to engage, it's not a burden that's put on companies and employers."

Megan Tomasic is a Tribune-Review staff writer. You can contact Megan at 724-850-1203, mtomasic@triblive.com or via Twitter .

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