SteveMouse
DIS Veteran
- Joined
- Oct 6, 2002
You are correct in that. But how do you prove an unmasked person poses a threat to others when they are not sick and not presenting symptoms? Force them to test for covid? Can a private company do that legally? I don’t believe so. And if you cannot explicitly prove that they are a danger to others than the public safety exception does not apply. So, again, Disney may be in violation of the ADA.
Under Florida law, Disney is in violation. There is no public safety exemption in it. I linked it in another post.
Nor do I trust the tests. Too many oddities reported.
https://nypost.com/2020/05/06/fault...-as-goat-and-fruit-test-positive-in-tanzania/
There is no general discrimination against individuals with disabilities if everyone, regardless of whether they are disabled or not, is required to wear a mask to address limiting the spread of COVID-19, which we know does not produce symptoms in all individuals infected by the virus.
If you’re going to cite relevant Florida statute, you might want to look at https://codes.findlaw.com/fl/title-xxx-social-welfare/fl-st-sect-413-08.html.
Paragraph two states, in part, “This section does not require any person, firm, business, or corporation, or any agent thereof, to modify or provide any vehicle, premises, facility, or service to a higher degree of accommodation than is required for a person not so disabled.”
I would read the Florida statute as if the service requires the use of a mask for all, there is no requirement to provide an alternative under this statute.