Let's talk about masks & the ADA, bc, apparently, I hate myself that much

A bunch of asshats claiming to be the "FTBAgency" have generated another round of phony documents purporting to be mask exemption cards, citing the ADA and making all sorts of vague threats. It's BS https://twitter.com/LanceBass/status/1275848997937307648

At the outset, we need to be crystal fucking clear: this isn't about actually disabled people. This is about selfish, vile, goddamn monsters

The "FTBAgency" referenced on the face of the card? It's an incredibly poorly designed @Wix site, see https://www.ftbagency.com 

But it's their facebook page where ... the mask really slips off (I'm sorry, I hate me too) and they tell us who they are, "an agency designed to stop face mask orders from spreading nationwide and globally"

https://www.facebook.com/groups/907564453095607/

So despite their clumsy attempts to appear to be some sort of governmental authority, even slapping DOJ's logo on the face of the card, this is a bunch of fuckups with a facebook group and a poorly designed website.

(Fun fact: use of DOJ's logo isn't regulated in the same way that use of FBI's logo is by 18 U.S.C. § 709)

sooo WHAT DOES THE LAW ACTUALLY SAY ABOUT DISABILITY AND MASKS?

Let's DIVE in... https://twitter.com/LanceBass/status/1275848997937307648?s=20

"I AM EXEMPT FROM ANY ORDINANCE REQUIRING FACE MASK USAGE IN PUBLIC"

Why did they pick "ordinance"?? An ordinance is generally understood to mean a law enacted by a municipal authority (e.g. city, town). https://twitter.com/LanceBass/status/1275848997937307648

By claiming that they're exempt from "any ordinance" are they admitting that they're subject to a store's mask policy? To a state masking law? To an executive order on masks?

It's a bizarre choice of words – one of many signs that these people are ... amateurs (to put it kindly)

What does the ADA actually say?

First, when we're talking about face masks, the ADA only applies to people WHO ACTUALLY HAVE DISABILITIES.

Abled-faking-goddamn-asshats (AFGAs) are NOT protected here by the ADA.

THIS IS 28 CFR Part 36, a regulation implementing Title III of the ADA

Actually disabled people (not AFGAs) should be asking for

....REASONABLE MODIFICATION...

a REASONABLE MODIFICATION means the store "must reasonably modify its policies, practices, or procedures to avoid discrimination"

this is not a "reasonable accommodation" this is not an "alternative accommodation" –– we are talking about REASONABLE MODIFICATION

Now, look, I'm going to keep this thread to being about stores, because this is @twitter, and not a law school. (Like anyone would let me teach in a law school )

What sort of reasonable modification might a store have to consider? Is it "let johnny, who is coughing up a lung, is febrile af, and who, a week ago, licked a bucket full of COVID19 samples walk around the store without an PPE?"

Hell no.

stores don't have to let in a "DIRECT THREAT" – they don't have to let COVID!Johnny into the store without any sort of PPE – even if he was disabled (and not just a card carrying AFGA)

So our AFGAs believe that the ADA is a magic incantation that means that they get to demand precisely what they they want (i.e. to not wear a mask, or any other kind of PPE, while in Target) and the ADA requires they get that thing, the precise thing they want

Raise your hand if you're actually disabled (or represented someone who was actually disabled) and

you've ever been to an IEP meeting...

or tried to request accommodations from your uni...

everyone with their hand up knows how absurd these AFGAs sound...

So what does the store have to do? Offer PEOPLE WHO ARE ACTUALLY DISABLED a reasonable modification to store policy IF it will mitigate the risk posed by the disabled person.

Let's assume a disabled person cannot wear a mask but there's no reason for the store to believe that disabled person actually has COVID. The store could reasonably modify the "you must wear a mask" policy by allowing the disabled shopper to wear a good face shield

I keep reading all these overnight ADA scholars asserting, on here, that the store just has to have someone do the shopping for you.

As if, if the disabled person shows up in a fucking PAPR, allowing them in isn't a reasonable modification

Anyway, I'm a disabled disability rights lawyer, and I'm telling you that these cards are legally meaningless, that all these overnight ADA scholars don't know shit, and that this country should have made adaptive PPE available to every single person who needs it.

I'm also seeing some claims by people purporting to know the prevalence of people who cannot wear a mask on the basis of disability (mostly claiming it's very low).

And the simple truth is that those people don't have any basis whatsoever for their unfounded claims.

Stores should have at least one person, and one backup person, who is authorized to consider requests for reasonable modifications.

And guess what that person can do?

Ask for documentation. That's right, the cards are wrong (again) - I know you're shocked.

Because all those people talking about the number of people with disabilities who cannot wear a mask on the basis of disability?

...they don't have some sort of master list of disabilities – neither does the store!

The store can ask for that favorite of every disabled person: medical documentation!

• does the requestor have a disability within the meaning of the ADA
• what modification is needed
• how does that modification relate to the disability

The wix site is down.

And I have a hunch the facebook group might be about to run into some trouble.

Some of you are annoyed that I'm calling for adaptive PPE for disabled folks. Stay mad I guess https://twitter.com/mattbc/status/1261424751181877248?s=20

If you're an outlet that's going to rip off my tweets, you could, instead, pay me to write this for you, or ask for a real interview, or at the very least ask for permission...