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<blockquote data-quote="Umbran" data-source="post: 8085823" data-attributes="member: 177"><p>You seem to persist in misunderstanding those laws. It is entirely unclear upon what basis you feel they are a hindrance. Neither one of them poses any barrier to local mask ordinances.</p><p></p><p>There is already a solid precedent - disabled parking permits*. If you use a wheelchair, for example, you have to make an application for a permit/plate to allow you to park in handicapped parking. On that form, you <em>must reveal</em> to your state what condition you have that requires it, and your doctor has to certify the fact that you have this condition, and that it calls for an accommodation.</p><p></p><p>This has passed muster with HIPPA and the ADA since the very beginning. There is no legal issue with the government requiring a person with a disability to actually tell the government about that disability when they interact with that government concerning their disability! If you want a special accommodation, you do at some point need to prove you need it. Maybe not to a store owner, but to the government.</p><p></p><p></p><p></p><p>Dogs and miniature horses are the only animals that qualify under the ADA. State and local ordinances may allow other animals. And, you can do what you want in your own home. You can have a monkey do things for you if you want at home, but you cannot file an ADA complaint against a restaurant for not allowing it in their place of business.</p><p></p><p>"Emotional support" animals don't count, in large part because service animals are defined as being trained to do tasks for the person. While having an animal's companionship may well be mood-stabilising for many people, merely existing near you is not a "task", and typically requires no special training of the animal.</p><p></p><p></p><p></p><p>Then, you have to remember that the ADA has the word "reasonable" all over the place. They need to make <em>reasonable</em> accommodation. And that doesn't necessarily mean "the specific accommodation desired by the disabled person." So, for example, an old building may have only narrow, steep staircases. Typically, that could call for an elevator as an accommodation. However, if the architecture cannot support an elevator, or the cost of installation would be too high, the business may not be required to put one in. </p><p></p><p>And, the ADA very <em>specifically and explicitly</em> does not count, "put employees or patrons at risk of harm," as reasonable. If there are employees present who are deathly allergic to dogs, you may not be allowed to bring in your service animal, for example.</p><p></p><p>So, in the middle of a pandemic, you cannot insist on entering a place of business without a mask. That puts other patrons at risk, and is not supported by the ADA. At all. The ADA specifically excludes this kind of behavior. So, I don't see why you think it becomes a defense of that behavior.</p><p></p><p></p><p></p><p></p><p>*as what we are effectively discussing is a "go out in public without a mask" permit..</p></blockquote><p></p>
[QUOTE="Umbran, post: 8085823, member: 177"] You seem to persist in misunderstanding those laws. It is entirely unclear upon what basis you feel they are a hindrance. Neither one of them poses any barrier to local mask ordinances. There is already a solid precedent - disabled parking permits*. If you use a wheelchair, for example, you have to make an application for a permit/plate to allow you to park in handicapped parking. On that form, you [I]must reveal[/I] to your state what condition you have that requires it, and your doctor has to certify the fact that you have this condition, and that it calls for an accommodation. This has passed muster with HIPPA and the ADA since the very beginning. There is no legal issue with the government requiring a person with a disability to actually tell the government about that disability when they interact with that government concerning their disability! If you want a special accommodation, you do at some point need to prove you need it. Maybe not to a store owner, but to the government. Dogs and miniature horses are the only animals that qualify under the ADA. State and local ordinances may allow other animals. And, you can do what you want in your own home. You can have a monkey do things for you if you want at home, but you cannot file an ADA complaint against a restaurant for not allowing it in their place of business. "Emotional support" animals don't count, in large part because service animals are defined as being trained to do tasks for the person. While having an animal's companionship may well be mood-stabilising for many people, merely existing near you is not a "task", and typically requires no special training of the animal. Then, you have to remember that the ADA has the word "reasonable" all over the place. They need to make [I]reasonable[/I] accommodation. And that doesn't necessarily mean "the specific accommodation desired by the disabled person." So, for example, an old building may have only narrow, steep staircases. Typically, that could call for an elevator as an accommodation. However, if the architecture cannot support an elevator, or the cost of installation would be too high, the business may not be required to put one in. And, the ADA very [I]specifically and explicitly[/I] does not count, "put employees or patrons at risk of harm," as reasonable. If there are employees present who are deathly allergic to dogs, you may not be allowed to bring in your service animal, for example. So, in the middle of a pandemic, you cannot insist on entering a place of business without a mask. That puts other patrons at risk, and is not supported by the ADA. At all. The ADA specifically excludes this kind of behavior. So, I don't see why you think it becomes a defense of that behavior. *as what we are effectively discussing is a "go out in public without a mask" permit.. [/QUOTE]
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