No exemption to mask policy.

[Mnemorath]

Seems Disney will violate the ADA for their mask policy. Just an FYI.

https://www.theblaze.com/news/hold-...&utm_source=facebook&utm_campaign=fb-theblaze

 

[bluecruiser]

This topic has previously been discussed on the boards.

The ADA's current stance is that the safety of those around you outweighs requiring an exception at this time. These companies are within their rights to require masks. I wish these folks would see that before putting their kids through this.

I’m pretty sure it has always been the stance of the ADA that accommodations cant jeopardize the safety of others. This is just the first instance where that has had to be explained so publicly.

 

[Mnemorath]

This topic has previously been discussed on the boards.

I have seen conflicting information so I reserve judgment. It would not surprise me if the family sued. It will then be adjudicated in court.

I have a habit of never making a claim I can’t back up. So I have to wonder where people are getting their information.

https://www.adasoutheast.org/ada/publications/legal/ada-and-face-mask-policies.php
https://www.abc10.com/mobile/articl...-ada/103-db4e15d0-6921-4620-b6a8-a12d2dd356a5

 

[OurBigTrip]

I have a habit of never making a claim I can’t back up. So I have to wonder where people are getting their information.

Same...I’ll rely on the Department of Justice on this one.

“The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.“

https://www.justice.gov/opa/pr/depa...ers-and-postings-regarding-use-face-masks-and

 

[OurBigTrip]

And that father in the story is wrong in saying that disability is an exemption all over PA...Hershey Park and I think a couple of smaller parks are also enforcing a no exemption policy.

 

[Meglen]

A simple phone call to customer service could have saved him alot of trouble. These are different times with different rules for private property.

 

[daisy2013]

Seems Disney will violate the ADA for their mask policy. Just an FYI.

https://www.theblaze.com/news/hold-...&utm_source=facebook&utm_campaign=fb-theblaze

You also need to look at your source. It’s not exactly unbiased

 

[DCJ]

Poor cast members have to deal with this BS. Sounds like he had a plan when he went there. I feel bad for the child, dad put her in a bad spot.

 

[daisy2013]

Also interesting that someone who has never posted on the disabilities board and who has posted on disboards in several years would be doing so now. Almost like he is trying to :ot stir::

 

[Mnemorath]

Also interesting that someone who has never posted on the disabilities board and who has posted on disboards in several years would be doing so now. Almost like he is trying to :ot stir::

while I can see where you are coming from, and would normally agree, I am just honestly just letting people know.

I have my position on the whole mask issue, but that is my position. I respect the position of others and normally prefers not to cause a confrontation.

 

[Mnemorath]

You also need to look at your source. It’s not exactly unbiased

All news sources are biased one way or the other these days. The key is to have a diverse news diet to mitigate any bias. I follow both sides to see what they are talking about. Also makes it easy to see the prevailing narrative and any exculpatory information.

 

[Mnemorath]

Same...I’ll rely on the Department of Justice on this one.

“The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.“

https://www.justice.gov/opa/pr/depa...ers-and-postings-regarding-use-face-masks-and

True, it does not. But it does require that any request for reasonable accommodation be responded to in writing with a reason for denial. It also requires that if using the public safety exception that there be a reasonable fear and risk. Given the contradictory information on asymptomatic carriers, can you reasonably argue that a person who is not sick and showing no symptoms is a risk?
Also, this may be illegal under Florida law as well. 760.08 does not have a pandemic exemption.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html

 

[OurBigTrip]

If you don’t like that you couldn’t take your daughter into the park, and feel that her rights were violated, then sue Disney.

 

[OurBigTrip]

True, it does not. But it does require that any request for reasonable accommodation be responded to in writing with a reason for denial. It also requires that if using the public safety exception that there be a reasonable fear and risk. Given the contradictory information on asymptomatic carriers, can you reasonably argue that a person who is not sick and showing no symptoms is a risk?
Also, this may be illegal under Florida law as well. 760.08 does not have a pandemic exemption.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html

They aren’t required to make any accommodations when health/safety are involved.

And few people that don’t have an agenda would argue that the fear and risk due to COVID is unreasonable.

 

[bookwormde]

They aren’t required to make any accommodations when health/safety are involved.

That is a bit of an overstatement. Accommodation should be considered if they provide the same or greater level of safety. Both side are actually misinterpreting ADA.

For the families part, they should have proposed a way that their child could access the parks with out creating an health hazard (assuming there is one)

For Disney's side, as blanket one size fits all rule with no path to viable accommodations is also not allowed.

Disney probably did a technical violation by the wording used by the CM, but not a direct violation of the child's rights because no accommodation, that would not create a health risk was requested/proposed, therefore Disney did not deny a reasonable accommodate under ADA.

 

[Mnemorath]

They aren’t required to make any accommodations when health/safety are involved.

And few people that don’t have an agenda would argue that the fear and risk due to COVID is reasonable.

Take a look at my second post in the thread. I linked a couple sites that mention the requirements to deny an accommodation. Even for health and safety, they are required to explain why in writing.

 

[Mnemorath]

That is a bit of an overstatement. Accommodation should be considered if they provide the same or greater level of safety. Both side are actually misinterpreting ADA.

For the families part, they should have proposed a way that their child could acess the parks with out creating an health hazard (assuming there is one)

For Disney's side, as blanket one size fits all rule with no path to viable accommodations is also not allowed.

Disney probably did a technical violation by the wording used by the CM, but not a direct violation of the child's rights because no accommodation, that would not create a health risk was requested, therefore Disney did not deny a reasonable accommodate under ADA.

A technical violation is still a violation. Social distancing is a reasonable accommodation if the mask policy is allowed to be exempted. I would have kept any child I had with sensory issues in the middle of my family to prevent any issues with their disability. This would logically mean that an appropriate distance would be maintained between the child who cannot wear a mask and anyone who is not a member of the household (who would be masked). The CM could have said that if the child could not wear a mask then this is the accommodation method. Since they did not, a violation of state law and ADA can be argued.

I personally do not wear a mask due to my own disability. When I am in public I try to maintain social distancing and carry a mask for those few, brief times when I cannot do so. I remove the mask however as soon as I can distance myself again. I will not be planning any trip to Disney until the mandate is relaxed. But that is my choice, one I will not force on anyone.

 

[camper06]

can you reasonably argue that a person who is not sick and showing no symptoms is a risk?

yes, i've seen it happen. a friend was visiting georgia and in order to return home to massachusettes, he needed to have a covid test. he was supposed to fly out the day he received his results. guess what? tested positive. not sick and no symptoms. he was shocked. now has to quarantine in georgia for 2 weeks. so it does happen. he is a carrier and, as such, creates the risk of infecting others.

 

[lanejudy]

Social distancing is a reasonable accommodation if the mask policy is allowed to be exempted.

Maybe, maybe not. Since WDW cannot control that the family would manage social distancing at all times while in the park, that may not necessarily be a “reasonable” accommodation. At any rate, the family could not have taken the child on rides because social distancing is somewhat limited at times in the queues and at boarding/unboarding, despite best efforts. Plus a need to clean that ride car after a guest without a mask rode would impact operations for an unscheduled cleaning stoppage of the ride. An exemption for 1 guest means multiple exemptions for other guests, making impact to operations likely unacceptable.

 

[OurBigTrip]

Q. Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities?A. The ADA expressly provides that a public accommodation may exclude an individual, if that individual poses a direct threat to the health or safety of others that cannot be mitigated by appropriate modifications in the public accommodation's policies or procedures, or by the provision of auxiliary aids. A public accommodation will be permitted to establish objective safety criteria for the operation of its business; however, any safety standard must be based on objective requirements rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity.
(bolding added by me)

So, aside from no face covering whatsoever, what appropriate modification to the no mask/no entry policy would anyone suggest?