The global pandemic has created a whole new set of circumstances and challenges that can leave you really confused as to where you stand when it comes to what you are legally required to do when it comes to COVID restrictions, for instance.
Sites such as lawmanaging are a great resource for keeping up to date with the latest legal developments and a hot topic of discussion is invariably something to do with COVID and the law.
One of the important questions you will want an answer to is when it is legally acceptable to refuse to wear a mask?
Are you someone who is classed as protected?
In general terms, the default position with regard to the government enforcing the wearing of masks is that they have the upper hand and can impose rules and restrictions on your movements if you don’t comply.
However, the most prominent reason for refusing to wear a face mask is when you can say that you are in a protected class of people who are exempt from being forced to put a mask on because of a valid health issue.
If you have a recognized respiratory problem that would be considered a valid excuse for not wearing a mask as you could experience breathing difficulties if your ability to breath normally was compromised by a face covering.
Federal legislation in the form of the Americans with Disabilities Act clearly outlines that there are valid exceptions that permit you to refuse to wear a mask. If you have a valid health reason you can legally refuse.
Sensory issues
Another key reason for being able to claim exemption from wearing a mask would be if you suffer from a sensory issue, such as autism, for example.
If someone has a sensory processing disorder (SPD) this means that their senses are heightened to a much greater extent than usual. This means that wearing a mask could be quite distressing or even painful for someone with SPD.
You can get masks that are designed to help with this problem but you can usually claim a legal exemption to wearing a mask if you suffer from SPD.
Disabilities
It is a bit of a legal minefield when it comes to businesses denying entry to people who refuse to wear a mask because they claim to have a disability that prevents them from doing so.
Unfortunately, some people have used the claim of a disability to prevent them from complying with the law when it comes to compulsory mask wearing.
However, if you are someone who has a disability that means you are reliant on using lip-reading techniques to understand what is being said to you, this would be a perfectly valid reason.
The default position for employers is that they can often force you to wear a mask under Occupational Safety and Health Administration rules, but as you can see, there are specific circumstances and health conditions that allow you to claim exemption.