Show your medical records to Subway employees & maybe they’ll make you a sandwich 🙄🤭🥪… if not they’ll call the cops! 👮♂️👮♀️🚔
This is truly ridiculous, yet actually increasingly common, where retail and fast food workers will actually demand to see your medical records.
In this video when asked why they don’t honor medical exemptions listed in the Governor’s order, they actually called cops, who were very cool about it. Below is a 90 second video of the exchange and the longer full 7-minute version.
Notice the most aggressive enforcer has no mask on herself, and she boasts about it!
As you will see below, the Texas mask order allows medical exemptions and the ADA says that demanding proof is illegal.
Here’s the full 7-minute version:
These are excerpts from FAQs: The ADA, Small Business and Face Masks
Businesses are covered by Title III of the Americans with Disabilities Act. There is no exception in Title III based on the number of employees or facility size. Businesses covered by the ADA must not discriminate based solely on a customer’s disability. Businesses must also provide:
Reasonable modifications to their policies and practices to ensure customers with disabilities can access their goods and services
9) A few individuals have requested curbside service because they can’t wear a mask due to disability. I’m not so sure if this is really the case. Can I require a note from a doctor or some other form of documentation?
We recommend that businesses treat requests for modifications to a face mask policy as they would other requests for policy modification. Generally, when a person with a disability asks for a relatively simple modification, the individual is not required to provide any type of documentation. As a rule people with disabilities do not carry documentation of disability or a doctor’s note. Considering that many customers have different kinds of needs that may require additional customer service, singling out people with disabilities to provide documentation may appear discriminatory.
This interpretation is supported by a recent article, A ‘Get Out of Masking Free’ Card Based on the ADA? , which appeared in the National Law Review. Authors Metcalf and Paul, state “In the non-employment context (i.e., a customer relationship), a business generally cannot demand documentation confirming that an individual is disabled or needs a particular accommodation, so businesses may run the risk of alienating customers with disabilities, or even draw a bona fide complaint to the DOJ or a lawsuit, by requiring a showing of such proof.”
ADA & Face Masks:"when a person with a disability asks for a relatively simple modification, the individual is not required to provide any type of documentation. As a rule people with disabilities do not carry documentation of disability or a doctor's note https://t.co/UEtcAksafS https://t.co/N8MtJfvEqN pic.twitter.com/5v4QnVXM4i
— Victor (@Victor47502531) September 26, 2020
Texas Governor’s Executive Order No. GA-29 (7/2/2020) [PDF] Effective: July 3rd until amended, superseded, or rescinded. Relating to the use of face coverings during the COVID-19 disaster.
Note: The text below is paraphrased, see GA-29 for exact wording.
The following people are exempt from the rule: Children younger than 10 years old.
“Any person with a medical condition or disability that prevents wearing a face covering.”
Those living in counties that have established with the state that there are very low numbers of COVID-19 infections. A list of exempt counties is maintained on the TDEM website.
Masks are not required when participating in the following activities:
Eating, drinking, or while seated at a restaurant to eat or drink. Exercising outdoors or engaging in physical activity outdoors (as long as proper social distancing is maintained).
Driving (as long as all passengers live in the same household).
Obtaining a service that requires the temporary removal of the face covering.
Voting, working as a poll watcher, assisting a voter, or administering an election. However, wearing a face covering is strongly encouraged in this situation.
Participating in religious worship or providing access to religious worship. However, wearing a face covering is strongly encouraged in this situation.
Giving a speech or broadcast to an audience.
But the mask requirement does apply while:
Participating in a protest of 10 or more people when 6 feet of social distancing is not maintained or not possible. Penalties Note: The text below is paraphrased, see GA-29 [PDF] for exact wording.
Penalties for not complying with this order:
First time violations: Verbal or written warning.
Subsequent violations: Fine not to exceed $250.
A person may not be detained, arrested, or confined in jail for refusing to adhere to this order. However, law enforcement may consider someone who refuses to leave the premises a trespasser and may enforce trespassing laws accordingly.
According to GA-29 [PDF], local law enforcement and other local officials are responsible for enforcement of the statewide mask order. In many places you can call 3-1-1 or the police non-emergency line to make a report, but check your city or county’s website to be sure. Search for your city’s website or county’s website.
How Can I Report Violations of Face Mask or Face Covering Orders? This FAQ discusses how to report a person or business who you believe is violating a mandatory mask order.