top of page
Writer's pictureFrank Mulhall

Masking Disability

Updated: Jul 2, 2020

I've seen a lot of acting out online about face masks. Name calling. Video taping aggressive encounters with people not wearing face masks. Public shaming. Chasing people out of business establishments. For some reason, others think that this behavior is 'heroic' and that the people 'deserve' scorn, ridicule and to be chased out of the public square. If you're one of them ... you need to think again.* There are legitimate and legal reasons for non-compliance with face mask orders under federal law. Those reasons range from breathing difficulties arising out of conditions like asthma and COPD, to PTSD. For example, approximately eight percent (8%) of adults and nine percent (9%) of children ... approximately 25,000,000 Americans ... have asthma. I am one of them.


Asthma and other obstructive breathing disorders are covered by the Americans with Disabilities Act. Understand, there is no obligation to publicly share confidential medical information with curbside self appointed public health enforcers under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Forcing or compelling the disclosure violates the law. For those self appointed enforcers out there ... your behavior is outrageous and your attempts to force mask wearing upon people with protected disabilities to comply or be denied service is discriminatorily actionable under Federal law. For my friends chasing people down and scaring them with your aggressive, menacing, public health savior complex behavior ... check yourselves. You may be subjecting yourselves to liability.

If you are a victim of this behavior be certain to take a picture of the perpetrator and immediately report them to the police. If you're a victim of this public health revenge porn and you have a protected disability, contact a lawyer who is familiar with the enforcement of the Act and/or cyber criminal behavior.** For those who behave like they're kicking walkers out of the hands of the elderly ... govern yourselves accordingly. _________

Comments


bottom of page