COVID-19 and Masks

Library trustees under RSA 202-A:6 (management of public library property) have the authority to mandate that people entering a town building or library wear a face covering. They may also set limitations on the number of patrons allowed in the building at any one time. Libraries located in town buildings with other activity in that building should seek to work with town officials to design a unified set of rules.

The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.

The scenario where someone might refuse to wear a mask citing ADA protections could look different in each setting. But the results are similar: a person with a disability or condition that makes it difficult to wear a mask might infect others with a potentially deadly disease, just like anyone else.

An employer requires returning workers to wear personal protective gear and engage in infection control practices. Some employees ask for accommodations due to a need for modified protective gear. Must an employer grant these requests?

A reasonable disability modification might be a masking exemption, but this is not the sole remedy. Amid a global pandemic, reasonable accommodations for masking intolerance can and should include avoidance measures, such as curbside services and delivery.

The ADA does not have any rules that address the required use of face masks by state and local governments or private business owners. If a person with a disability is not able to wear a face mask, state and local government agencies and private businesses must consider reasonable modifications to a face mask policy so that the person with the disability can participate in, or benefit from, the programs offered or goods and services that are provided. A reasonable modification means changing policies, practices, and procedures, if needed, to provide goods, services, facilities, privileges, advantages, or accommodations to an individual with a disability.[10] The requirement to modify a policy, practice, or procedure does not include individuals without disabilities, as they are not protected under the ADA.