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D&D and the rising pandemic
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<blockquote data-quote="Umbran" data-source="post: 8083765" data-attributes="member: 177"><p>There are some. A mask may be contraindicated for someone with emphysema, asthma, or COPD, for example. However, such people are <em>also</em> at significantly higher risk if they happen to get covid-19, and probably should not be out in crowds these days anyway. </p><p></p><p>And, if they can spare the breath to yell at you about it... they probably don't have such a condition. :/</p><p></p><p></p><p></p><p>I think Danny's point was that <em>HIPPA, specifically</em> does not apply as a defense.</p><p></p><p></p><p></p><p>In general, if you want special treatment for a condition, you do need to provide proof you have that condition. Just <em>claiming</em> it is not sufficient. </p><p></p><p></p><p></p><p>That is different, in that 1) neither wheelchairs nor service dogs pose significant health threat to anyone else. And, 2) under the ADA, if you <em>falsely</em> claim to need them, and get special treatment, you are guilty of fraud, and possibly other offenses.</p><p></p><p>Also, and this is important, the ADA does <em>NOT</em> say you get to do what you want because you have a disability. It states that particular providers of services must make <em>reasonable accommodations</em> for you. So, if you can't ride the bus, we have to get you another ride. If you cannot go into an establishment to shop, they may take a list and do your shopping for you, and so on. </p><p></p><p>Hint - "reasonable" accommodations do not include raking a risk of death by COVID-19. Direct threat of harm is specifically one of the things the ADA does <em>not</em> require anyone to take to give you service.</p></blockquote><p></p>
[QUOTE="Umbran, post: 8083765, member: 177"] There are some. A mask may be contraindicated for someone with emphysema, asthma, or COPD, for example. However, such people are [I]also[/I] at significantly higher risk if they happen to get covid-19, and probably should not be out in crowds these days anyway. And, if they can spare the breath to yell at you about it... they probably don't have such a condition. :/ I think Danny's point was that [I]HIPPA, specifically[/I] does not apply as a defense. In general, if you want special treatment for a condition, you do need to provide proof you have that condition. Just [I]claiming[/I] it is not sufficient. That is different, in that 1) neither wheelchairs nor service dogs pose significant health threat to anyone else. And, 2) under the ADA, if you [I]falsely[/I] claim to need them, and get special treatment, you are guilty of fraud, and possibly other offenses. Also, and this is important, the ADA does [I]NOT[/I] say you get to do what you want because you have a disability. It states that particular providers of services must make [I]reasonable accommodations[/I] for you. So, if you can't ride the bus, we have to get you another ride. If you cannot go into an establishment to shop, they may take a list and do your shopping for you, and so on. Hint - "reasonable" accommodations do not include raking a risk of death by COVID-19. Direct threat of harm is specifically one of the things the ADA does [I]not[/I] require anyone to take to give you service. [/QUOTE]
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