ADA Masking Exemption

The ADA Protects You from
Mandatory Masking if
Masks Interfere with Your Breathing
CAN’T MASK — DON’T ASK!

When Congress adopted the Americans with Disabilities Act (ADA) in 1990 it explained the purposes: [1]

It is the purpose of this chapter

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;
(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and
(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

The law defines “disability” as:

“a physical or mental impairment that substantially limits one or more major life activities of such individual…” and further, “For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.” Congress also required, “The definition of disability in this chapter shall be construed in favor of broad coverage of individuals…” (Sec. 12102. Definition of Disability) [Emphasis added.]

The Department of Labow notes,

“The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services.” [2]

A fair reading of the statute suggests that the mis-use of sanitary masking as a sign of compliance with Declared Pandemic rules which interferes with “breathing” to the extent of impacting major life activities is prohibited by the Law.

While sanitary masks have a proper use, during surgery, for example, the labeling of such masks make it clear that they are not designed to prevent disease, just to limit the spreading of droplets from the mouth and nose. Whether masks “work” or not, however, is not the issue.

It is my opinion that the Law protects individuals who cannot mask due to breathing difficulties when they attempt to mask. The phrase, “Can’t mask — Don’t ask.” is appropriate for such persons. There is no requirement in the wording of the Law that requires a person to be diagnosed with a specific disability. The law does not permit others to demand to know what disability is involved.

If wearing a mask interferes with breathing, being required to wear a mask violates the Law.

https://tinyurl.com/maskexemption

Sen. Tammy Duckworth (D-Ill.), first disabled woman in the US Senate recently told The Hill,

“Disability rights are human rights, and these civil rights must never become optional benefits that can be taken away whenever it’s convenient or cheaper for employers and those who are in power…” [3]

While no are no formal requirements to assert your rights under the ADA, you may want to obtain the Advance Sanitary Masking Directive, an Advance Medical Directive Card that asserts your right to refrain from masking as an Informed Consent medical decision.

More here: https://tinyurl.com/maskexemption


[1] https://www.ada.gov/pubs/adastatute08.htm
[2] https://www.dol.gov/general/topic/disability/ada
[3] https://thehill.com/homenews/senate/510789-duckworth-republican-coronavirus-package-would-gut-americans-with

9 thoughts on “ADA Masking Exemption

    1. I do not believe that there is any such thing as a “card sanctioned by the ADA”. ADA is a piece of legislation. Anyone in the US may assert their rights under the ADA and that is what this card helps you do.
      Dr. Rima

  1. Problem in NY State is any entity open to the public can indiscriminately ban any person, without cause, from their establishment. Interestingly many years ago lawyers for a large corp, family was associated with, declared that you need very good reason to expel someone from areas of company open to the public. Big question is when was trespass laws amended and WHY.

  2. HELP DR. RIMA! I took my kids to our pediatrician for my daughter’s 8 year checkup today. We have the Advanced Medical Directive cards stating we can’t mask and that we refuse all vaccines. We walked in and checked in at the front desk. The gal told me she liked my hat (“Trump Won” red cap) and she did not ask us to put on masks. I handed her packets to put in my children’s medical files with copies of the Directive cards as well as legal information about them. I call it my armor of God. 🙂
    Next thing we know the office manager calls me over and tells me we can’t be seen unless we wear masks and that their office requires all patients to receive vaccines or they can’t be seen. I let her know that the cards are legal medical directives and if they refuse to see us it would be discriminatory. I told her I wanted to speak to someone above her which was the doctor. She said we needed to wait in my car and she would see if the doctor had time to talk to me. I said yes he did have time since he had our appointment spot free. She told me to wait in my car. I said, “No, we’ll wait here in the waiting room for him.”
    She said, “We’re not going to play this game.” I said, “I know. We’re not gonna play this game.”
    She proceeded to call the police on me with my two children there. That’s when I had my son start recording.

    Video 1 at Pediatrician’s:
    https://share.icloud.com/photos/0wgjqvzAtCJhi3cVs-Ute_9Zw

    Video 2 at Pediatrician’s:
    https://share.icloud.com/photos/0gNglu0tfIWIPfdCic-civTxQ

    The police had no knowledge of these cards and ultimately made me and my children leave and gave me a “Trespassing Warning.” If I go to that office again I will be arrested.

    I stood my ground and feel proud of myself for not giving in to the medical tyranny. But the best part was when my 8 year old daughter said, “Wow. I didn’t know you could do that.” I said, “Do what?” And she answered, “Fight back.” 🙂

    Here is a picture of me when we got home. https://share.icloud.com/photos/0l1OiVStOC-NLDGPi2vGWxJIA

    I’m just not sure where to turn next. Would you be able to steer me in the right direction? I’m in NC. I’m thinking I will look into civil litigation for discrimination. They legally can’t ask what my disability is and can’t discriminate against me or my children. If someone has asthma and can’t mask they would be discriminating against them by not letting them into the doctor’s office. Do you know of any advocacy or support groups against mask mandates? Or any lawyers that can help?
    Thank you for taking the time to watch these videos. In the 2nd one, I’m demanding an explanation from the office manager about why a boy came walking out from the exam room with out a mask. I couldn’t believe it. Here she is trying to force us to mask and this kid comes walking out without one on. The front desk handed him a mask and he put it on. The pediatrician’s office is called Fuquay Varina (fyoo kway vuh reena) Pediatrics in Wake County, NC. I also find it flooring that you can’t be a patient there unless you take all the vaccines they have. Highly disturbing. I’m so glad God is leading me away from them, even though we like their doctors. Never did get to speak to one though.
    Thank you for all you do. You have my permission to use my videos or pictures if you would want to.
    Keep up the wonderful work of God! My husband and I love your videos and interviews, and medical directive cards. Thank you, thank you, thank you!
    God wins.
    WWG1WGA

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