Mask Compliance Excuses

 Government Mask Mandate Compliance Excuses Debunked

 

I was nine when the US hit the top of the polio epidemic in 1954. During the 1940s and 50s polio infections spiked during the summer and I can remember the fear my mother expressed about our going out, swimming or having picnics. I remember being told I could not go some places as a result. While the polio death totals did not come close to the number of current Covid-19 deaths, polio caused long lasting damage.

 

Our caution was increased by the experience of the family whose house was on the other side of our back fence. Their polio infected daughter lived in their living room in an iron lung that kept her alive by forcing air into her lungs until she died. While many survived polio, most who did were left with lifelong effects from the paralysis they suffered. 

 

I cannot remember if there was a concerted effort to resist the cautionary measures adopted to reduce polio’s spread like we see now. The fear was not erased until the now universal vaccine came out and was proven effective. Thank you, Dr. Jonas Sauk for refusing to patent his vaccine formula so it could be made available to all.

 

In our current Covid -19 pandemic, we see misplaced resistance to the simplest of measures shown to effectively reduce the virus’ spread. Masks and social distancing are no brainers. 

 

Unfortunately, some businesses want to be seen as honoring the current mask mandate while giving a “wink and a nod’ to those who refuse to wear one, effectively inviting the unmasked in to their establishments. Businesses can and should refuse entry to those who refuse to mask up, even if the person has a valid medical reason not to wear one in order to protect others. If they want to allow entry of a maskless person by honoring a medical reason, the best practice is to require proof of the claimed medical justification before allowing entry. 

 

Signs have appeared on local business doors indicating that masks are required to enter, but noting that they are prohibited from asking those not wearing one why they are not complying with the requirement. The signage lists a number of “legal” reasons they cannot or will not ask why the customer is not masked up. None of them are valid.

 

The most common “wink and nod” excuse offered is that asking for a valid medical reason for not wearing a mask or requiring proof of a qualifying medical condition is a violation of the Health Insurance Portability and Accountability Act (HIPAA). HIPAA protects your medical information in the hands of healthcare providers and insurers from disclosure without your consent. It does not apply to and cannot be used by fast food restaurants or gyms to justify not asking why a potential customer is not masked.

 

The next erroneous “legal” justification used to not ask is a claimed reliance upon the Americans with Disability Act (ADA). The ADA prohibits public facilities from discriminating against those with recognized disabilities and requires accommodations for those with disabilities who use the facility. Reasonable accommodations are already in place with curbside pick-up or online ordering with delivery for those who cannot wear masks. Neither provision prohibits asking the unmasked why they are not wearing one or requiring proof of a qualifying disability. Businesses are free to refuse entry to one not wearing a mask as long as they refuse entry to all those not wearing one. 

 

The most creative excuse offered for not asking for justification for going maskless is reliance upon the Fourth Amendment to the United States Constitution. This provision of the Bill of Rights applies only to unreasonable searches and seizures by the government. It does not apply at all to private businesses or public establishments and most certainly does not prohibit one from asking why you are not wearing a mask.

 

Finally, there is the claim that asking why you are not wearing a mask violates your right to privacy. We all have a limited right to privacy. It is not absolute. You have to disclose your identity in order to vote. You must prove who you are by showing a driver’s license when stopped for a traffic violation. We all relinquish certain private matters when we venture into public spaces. Nothing in the small recognized bubble of privacy we have in public spaces prohibits others from merely asking for your justification for not wearing a mask before being allowed to enter a business establishment.

 

All of these claimed “legal” reasons for not asking merely cover up the business owner’s unhappiness about having to exclude a potential customer from entering their business and spending their money because of a government-imposed measure put in place to protect our health. Get over it and protect yourself, your employees and your masked customers.