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  • 1.  Face masks and ADA

    Posted 06-19-2020 02:46 PM

    I am a trustee and volunteer at the William Trent House Museum in Trenton, NJ. The museum will re-open sometime this summer and we are developing our policies and procedures. Wearing face masks and social distancing are key requirements for our visitors and staff, as well as hand sanitizing and facility cleaning. With regard to face masks, our question is this: "If we require visitors to wear facemasks, does this violate ADA requirements if the visitor states that they have a condition that makes breathing while wearing a mask difficult? If we deny such a visitor entrance to the museum, would this be a violation of their rights under ADA?"



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    Samuel Stephens
    Trenton NJ
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 2.  RE: Face masks and ADA

    Posted 06-22-2020 07:43 AM
    I posted a few websites that address this concern.  If you can find a very cheap face shield to keep on hand, you may request that a guest wear one of those, if their health is compromised and can not wear a mask.  Or have them on hand to purchase.  

    A few businesses that I have spoken to are doing this.  



    No Mask, No Service? ADA Considerations for Business Owners Requiring Face Masks in Retail Stores
    The National Law Review remove preview
    No Mask, No Service? ADA Considerations for Business Owners Requiring Face Masks in Retail Stores
    As numerous jurisdictions now mandate citizens wear face masks in public, many retailers have begun requiring customers to cover their faces as a safety measure to mitigate against the spread of COVID-19 among employees and fellow customers.
    View this on The National Law Review >

    ADA Implications: I Don't Want To Wear A Mask.... | JD Supra
    JD Supra remove preview
    ADA Implications: I Don't Want To Wear A Mask.... | JD Supra
    During the COVID-19 pandemic we have seen multiple shifts in views by the public and employees. Initially, the issue was what to do if an employee requested a face mask. However, businesses are now facing different questions: Can you require employees to wear a face mask?
    View this on JD Supra >





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    Lynn Cox
    Occupational Health and Safety Coordinator
    Detroit Zoo - Detroit Zoological Society
    Royal Oak MI
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 3.  RE: Face masks and ADA

    Posted 06-23-2020 09:38 AM
    Samuel,

    My understanding is that this would violate ADA.

    If you have an hour, the New England Museum Association held a webinar that addressed this issue - along with other legal and HR COVID-related questions - in this recorded webinar with lawyers from a Boston health organization.

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    Betsy Loring
    Worcester MA
    betsy@exploringexhibits.com(978) 618-9673
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 4.  RE: Face masks and ADA

    Posted 06-23-2020 01:40 PM

    If you have a 3D printer in house, you can produce face shields for minimal cost.  During the early phase of the pandemic I switched my production to 3D printing face shields for donation to area clinics and hospitals.  I used this design (shown) because it's been approved for use in a medical/clinical setting, but there are others without a visor that use less material and print faster for just pennies in material.  There are several design files available online for free download.  Most versions use a clear acetate transparency sheet (like those used on overhead projectors) punched with a standard 3-hole punch for the shield, and a simple elastic band or even a shoelace will hold the shield in place during wear.  

    If your museum has a maker space, this is a great learning project for students!  Alternately, you can proably find someone with a printer who would print these for you at a reasonable cost. 
            Cheers,

                    Michael


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    Michael Holland
    Principal/Owner
    Michael Holland Productions

    Redmond, WA USA
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 5.  RE: Face masks and ADA

    Posted 06-22-2020 08:28 AM

    Dear Samuel,

    This may offer some guidance on this tricky issue:

    https://www.adasoutheast.org/ada/publications/legal/ada-and-face-mask-policies.php

     

    Lorena

     

    Lorena Bradford 

    Accessible Programs

    National Gallery of Art

    Washington, DC

    202-842-6905

     




    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 6.  RE: Face masks and ADA

    Posted 06-22-2020 11:26 AM

    Here is a recent (June 12) brief issued by Southeast ADA related to that:

    The ADA and Face Mask Policies

    Cutting to the meat of that article:

    If a person with a disability is unable to wear a face mask, do I still have to allow them in my business or government agency?
    Most states have either recommended or issued executive orders requiring the public to use face masks in public. Private businesses have also developed policies requiring the use of face masks. 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.

    Examples of reasonable modifications to a face mask policy
    Allow a person to wear a scarf, loose face covering, or full face shield instead of a face mask;
    Allow customers to order online with curbside pick-up or no contact delivery in a timely manner;
    Allow customers to order by phone with curb-side pick-up or no contact delivery in a timely manner;
    Allow a person to wait in a car for an appointment and enter the building when called or texted; or
    Offer appointments by telephone or video calls.



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    Susan Rubin
    Special Events Coordinator
    Desert Botanical Garden
    Phoenix AZ
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more