Yep. And safety is one of those exemptions.
And ADA cases are rarely heard by a jury. Seeing as Disney just won a six year legal battle over an ADA complaint, I’m pretty confident that their lawyers feel they are on firm ground here.
If some did sue over the mask issue, I think it’s highly likely that the judges ruling from that case would hold sway in any proceedings. It basically came down to the fact that since Disney can’t ask for proof of disability, if plaintiffs were granted their desired accommodation, non-disabled guests could claim disability to get the same accommodation, which would in turn fundamentally alter park operations.
I can absolutely see a judge saying that since no proof of disability can be required in order to allow someone without a mask to enter, non-disabled people would claim a disability in order to not wear a mask. That in turn would create an unsafe environment for guests and employees.
And please stop with the Constitutional rights argument as it pertains to Disney. Private businesses have no obligation to uphold Constitutional rights.