question about masking requirements
A couple of questions about masking requirements. Texas' mandate has an exception for folks with medical conditions that would preclude their wearing masks.
-
Can the city require some sort of doctor's note from people whose medical conditions are not apparent and require them to leave if they can't provide it? -
Can private business owners? -
Is there any police liability related to escorting people off premises at the request of the business owner and arresting for criminal trespass or resisting if the people refuse?
We're trying to weed out people who claim a medical condition but don't really have a medical condition.
Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.gov
Virginia's mask order has the same exceptions. As far as I can observe, no one challenges anyone, and no one requires medical notes. Under the ADA, I assume that the owners/managers of a premises could require a doctor's note, in theory, but I'm not sure how that would work practically. But, we seem to have pretty good compliance here on the Virginia Peninsula.
James E. Barnett
County Attorney
County of York, Virginia
224 Ballard Street
P.O. Box 532
Yorktown, VA 23690
757-890-3340
757-897-2847 cell
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Stephanie Harris
Sent: Monday, July 20, 2020 12:52 PM
To: disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org
Subject: [EXTERNAL] [Disasterrelief] question about masking requirements
A couple of questions about masking requirements. Texas' mandate has an exception for folks with medical conditions that would preclude their wearing masks.
-
Can the city require some sort of doctor's note from people whose medical conditions are not apparent and require them to leave if they can't provide it? -
Can private business owners? -
Is there any police liability related to escorting people off premises at the request of the business owner and arresting for criminal trespass or resisting if the people refuse?
We're trying to weed out people who claim a medical condition but don't really have a medical condition.
Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.govmailto:sharris@paristexas.gov
WARNING: This email originated outside York County's email servers. Please verify the sender's identity, and use caution when clicking any links or opening any attachments.
I would be concerned about requiring a doctor's note or otherwise asking about the medical condition, which could violate the ADA. However, when we reopened Kansas City public facilities such as municipal court, I advised that where a mask is required, the regulations implementing the ADA, 28 CFR Sec. 35.130(h), provides guidance for refusing entry even if they say they can't wear one for medical reasons:
(h) A public entity may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, the public entity must ensure that its safety requirements are based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
I also advised to rely on the CDC recommendations for wearing masks, and any other health information regarding masks being necessary to prevent the spread of the virus, especially where social distancing is difficult or impossible, for the safe operation of the courthouse or other facility. However, these individuals should be provided information on how to access the services on line or in another manner. That is the accommodation.
I recommend looking under public accommodations in Title III of the ADA to see if there is a similar provision for private entities.
Saskia C.M. Jacobse
Assistant City Attorney
(816) 513-3121
*Email is not a secure form of communication. Please notify me immediately if you wish to use some other form of communication with me.
From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of Barnett, James jbarnett@yorkcounty.gov
Sent: Monday, July 20, 2020 12:05 PM
To: 'Stephanie Harris' sharris@paristexas.gov; disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] [EXTERNAL] question about masking requirements
EXTERNAL: This email originated from outside the kcmo.org organization. Use caution and examine the sender address before replying or clicking links.
Virginia’s mask order has the same exceptions. As far as I can observe, no one challenges anyone, and no one requires medical notes. Under the ADA, I assume that the owners/managers of a premises could require a doctor’s note, in theory, but I’m not sure how that would work practically. But, we seem to have pretty good compliance here on the Virginia Peninsula.
James E. Barnett
County Attorney
County of York, Virginia
224 Ballard Street
P.O. Box 532
Yorktown, VA 23690
757-890-3340
757-897-2847 cell
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Stephanie Harris
Sent: Monday, July 20, 2020 12:52 PM
To: disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org
Subject: [EXTERNAL] [Disasterrelief] question about masking requirements
A couple of questions about masking requirements. Texas’ mandate has an exception for folks with medical conditions that would preclude their wearing masks.
-
Can the city require some sort of doctor’s note from people whose medical conditions are not apparent and require them to leave if they can’t provide it? -
Can private business owners? -
Is there any police liability related to escorting people off premises at the request of the business owner and arresting for criminal trespass or resisting if the people refuse?
We’re trying to weed out people who claim a medical condition but don’t really have a medical condition.
Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.govmailto:sharris@paristexas.gov
WARNING: This email originated outside York County's email servers. Please verify the sender's identity, and use caution when clicking any links or opening any attachments.
The ADA site has some good info about accommodations. The ADA does not
provide a blanket exemption to people with disabilities from complying with
legitimate safety requirements necessary for safe operations.
Local government and small businesses should assess whether they can
provide a requested accommodation without jeopardizing the safe operation
of the business. For example, if a bill can be paid over the phone or
online, that may be a more reasonable alternative than permitting someone
to pay in person without a face covering.
https://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm
Thank you.
Sincerely,
Claudia E. Aguayo, Esq.
Assistant City Attorney
Office of the City Attorney
City of North Las Vegas
2250 Las Vegas Blvd. North, Suite 810
North Las Vegas, NV 89030
(702) 633-1050
CONFIDENTIALITY NOTICE: This electronic transmission and any accompanying
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On Mon, Jul 20, 2020 at 10:33 AM Jacobse, Saskia Saskia.Jacobse@kcmo.org
wrote:
I would be concerned about requiring a doctor's note or otherwise asking
about the medical condition, which could violate the ADA. However, when we
reopened Kansas City public facilities such as municipal court, I advised
that where a mask is required, the regulations implementing the ADA, 28
CFR Sec. 35.130(h), provides guidance for refusing entry even if they say
they can't wear one for medical reasons:
(h) A public entity may impose legitimate safety requirements necessary
for the safe operation of its services, programs, or activities. However,
the public entity must ensure that its safety requirements are based on
actual risks, not on mere speculation, stereotypes, or generalizations
about individuals with disabilities.
I also advised to rely on the CDC recommendations for wearing masks, and
any other health information regarding masks being necessary to prevent the
spread of the virus, especially where social distancing is difficult or
impossible, for the safe operation of the courthouse or other facility.
However, these individuals should be provided information on how to access
the services on line or in another manner. That is the accommodation.
I recommend looking under public accommodations in Title III of the ADA to
see if there is a similar provision for private entities.
Saskia C.M. Jacobse
Assistant City Attorney
(816) 513-3121
*Email is not a secure form of communication. Please notify me
immediately if you wish to use some other form of communication with me.
From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf
of Barnett, James jbarnett@yorkcounty.gov
Sent: Monday, July 20, 2020 12:05 PM
To: 'Stephanie Harris' sharris@paristexas.gov;
disasterrelief@lists.imla.org Disaster Relief List <
disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] [EXTERNAL] question about masking
requirements
EXTERNAL: This email originated from outside the kcmo.org
http://kcmo.org organization. Use caution and examine the sender address
before replying or clicking links.
Virginia’s mask order has the same exceptions. As far as I can observe,
no one challenges anyone, and no one requires medical notes. Under the
ADA, I assume that the owners/managers of a premises could require a
doctor’s note, in theory, but I’m not sure how that would work
practically. But, we seem to have pretty good compliance here on the
Virginia Peninsula.
James E. Barnett
County Attorney
County of York, Virginia
224 Ballard Street
P.O. Box 532
Yorktown, VA 23690
757-890-3340
757-897-2847 cell
From: Disasterrelief disasterrelief-bounces@lists.imla.org *On Behalf
Of *Stephanie Harris
Sent: Monday, July 20, 2020 12:52 PM
To: disasterrelief@lists.imla.org Disaster Relief List <
disasterrelief@lists.imla.org>
Subject: [EXTERNAL] [Disasterrelief] question about masking requirements
A couple of questions about masking requirements. Texas’ mandate has an
exception for folks with medical conditions that would preclude their
wearing masks.
-
Can the city require some sort of doctor’s note from people whose
medical conditions are not apparent and require them to leave if they can’t
provide it?
-
Can private business owners? -
Is there any police liability related to escorting people off
premises at the request of the business owner and arresting for criminal
trespass or resisting if the people refuse?
We’re trying to weed out people who claim a medical condition but don’t
really have a medical condition.
Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
WARNING: This email originated outside York County's email servers. Please
verify the sender's identity, and use caution when clicking any links or
opening any attachments.
Disasterrelief mailing list
Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org
FYI. Here is a whereas clause and a paragraph we inserted into our mask ordinance. It was drafted with the assistance of Marc Dubin, an ADA advocate who used to litigate ADA cases for DOJ.
WHEREAS, 28 C.F.R. 36.208, the implementing regulations for the Americans with Disabilities Act state that the ADA does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others; and customers with disabilities who may be unable, due to their disability, to wear a face mask may access the goods and services of the businesses through the provisions of curbside service or home delivery;
(4) When a customer of a business establishment asserts that he or she has a disability that prevents the individual from wearing a mask, the owner, manager, or employee of the business establishment may exclude the individual, even if they have a disability, as they pose a direct threat to the health and safety of employees and other customers, even if asymptomatic, and shall accommodate the disabled individual in a manner that does not fundamentally alter the operations of the business establishment nor jeopardize the health of that business’s employees and other customers, such as providing curb service or delivery or other reasonable accommodation.
[Description: Description: Description: Description: City-County-LocalGovt]Bob Shillinger
County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292-3470
(305) 292-3516 (facsimile)
Note, Florida has a broad public records law. Any information you send to this address, including your contact information, may be subject to public disclosure.
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Claudia Aguayo
Sent: Monday, July 20, 2020 1:49 PM
To: Jacobse, Saskia Saskia.Jacobse@kcmo.org
Cc: disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] [EXTERNAL] question about masking requirements
...
CAUTION: This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting.
The ADA site has some good info about accommodations. The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations. Local government and small businesses should assess whether they can provide a requested accommodation without jeopardizing the safe operation of the business. For example, if a bill can be paid over the phone or online, that may be a more reasonable alternative than permitting someone to pay in person without a face covering.
https://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm
Thank you.
Sincerely,
Claudia E. Aguayo, Esq.
Assistant City Attorney
Office of the City Attorney
City of North Las Vegas
2250 Las Vegas Blvd. North, Suite 810
North Las Vegas, NV 89030
(702) 633-1050
CONFIDENTIALITY NOTICE: This electronic transmission and any accompanying document contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution or action taken in reliance on the contents of the information contained in this electronic transmission is strictly prohibited. If you have received this transmission in error, please notify us immediately by e-mail and delete the original message. Thank you.
PUBLIC RECORDS NOTICE: In accordance with NRS Chapter 239, this email and responses, unless otherwise made confidential by law, may be subject to the Nevada Public Records laws and may be disclosed to the public upon request.
On Mon, Jul 20, 2020 at 10:33 AM Jacobse, Saskia <Saskia.Jacobse@kcmo.orgmailto:Saskia.Jacobse@kcmo.org> wrote:
I would be concerned about requiring a doctor's note or otherwise asking about the medical condition, which could violate the ADA. However, when we reopened Kansas City public facilities such as municipal court, I advised that where a mask is required, the regulations implementing the ADA, 28 CFR Sec. 35.130(h), provides guidance for refusing entry even if they say they can't wear one for medical reasons:
(h) A public entity may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, the public entity must ensure that its safety requirements are based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
I also advised to rely on the CDC recommendations for wearing masks, and any other health information regarding masks being necessary to prevent the spread of the virus, especially where social distancing is difficult or impossible, for the safe operation of the courthouse or other facility. However, these individuals should be provided information on how to access the services on line or in another manner. That is the accommodation.
I recommend looking under public accommodations in Title III of the ADA to see if there is a similar provision for private entities.
Saskia C.M. Jacobse
Assistant City Attorney
(816) 513-3121
*Email is not a secure form of communication. Please notify me immediately if you wish to use some other form of communication with me.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Barnett, James <jbarnett@yorkcounty.govmailto:jbarnett@yorkcounty.gov>
Sent: Monday, July 20, 2020 12:05 PM
To: 'Stephanie Harris' <sharris@paristexas.govmailto:sharris@paristexas.gov>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] [EXTERNAL] question about masking requirements
EXTERNAL: This email originated from outside the kcmo.orghttp://kcmo.org organization. Use caution and examine the sender address before replying or clicking links.
Virginia’s mask order has the same exceptions. As far as I can observe, no one challenges anyone, and no one requires medical notes. Under the ADA, I assume that the owners/managers of a premises could require a doctor’s note, in theory, but I’m not sure how that would work practically. But, we seem to have pretty good compliance here on the Virginia Peninsula.
James E. Barnett
County Attorney
County of York, Virginia
224 Ballard Street
P.O. Box 532
Yorktown, VA 23690
757-890-3340
757-897-2847 cell
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Stephanie Harris
Sent: Monday, July 20, 2020 12:52 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: [EXTERNAL] [Disasterrelief] question about masking requirements
A couple of questions about masking requirements. Texas’ mandate has an exception for folks with medical conditions that would preclude their wearing masks.
-
Can the city require some sort of doctor’s note from people whose medical conditions are not apparent and require them to leave if they can’t provide it? -
Can private business owners? -
Is there any police liability related to escorting people off premises at the request of the business owner and arresting for criminal trespass or resisting if the people refuse?
We’re trying to weed out people who claim a medical condition but don’t really have a medical condition.
Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.govmailto:sharris@paristexas.gov
WARNING: This email originated outside York County's email servers. Please verify the sender's identity, and use caution when clicking any links or opening any attachments.
Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org
