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Facemask Health Exemptions

Facemask Health Exemptions

July 2, 2020 | by Gunner Steele

Recently, an organization that was selling "Face Mask Exemption Cards" was exposed as being fraudulent by the Department of Justice. This led to a ton of confusion over whether or not health exemptions for face masks were real or not.

Many people heard this news and mistakenly thought it was fraudulent to claim a health exemption from the use of face masks. This is a wrong belief. You can definitely claim a health exemption from the use of a face mask.

The reason this particular organization and their card was deemed fraudulent was for the following two reasons:

1. They used the Department of Justice Logo on their card (and they were actually selling the cards for profit), inferring that their exemption card was backed by the Department of Justice, or that they were representing an actual government agency. That was false and fraudulent.

2. They claimed that offenders (those businesses who forced the use of face masks) would be reported to the Freedom to Breath Agency, which is also not a government organization, and doesn't appear to even exist.

So that particular organization and their inference that they represent a government agency is and was fraudulent. But the claim of health exemptions for not wearing a face mask is NOT fraudulent.

Consider the following facts:

The Americans with Disabilities Act Protects You

Like it or not, the Americans with Disabilities Acts, puts requirement on both public and private entities that prevents nearly all businesses from denying access to their services to those who have disabilities. This is why you see ramps and elevators required in all buildings. Even movie theaters have to, by law, provide hearing assistance devices for those who are hearing impaired.

This is the law and the penalties are high, including the reality that your private business can be completely shut down for non-compliance!

The thing is that the legal definition of "disability" is quite vague. In fact, "ADA disabilities include both mental and physical medical conditions. A condition does not need to be severe or permanent to be a disability."

So, things like anxiety, panic, fear/phobia, etc., can all be considered "disabilities." This means that, according to the letter of the law, anyone with anxiety, panic, fear/phobia, around wearing face masks can be considered to have a "disability," and would therefore be protected under the Americans with Disabilities Act. And of course, if you just have a hard time breathing with a mask on, then that could technically be considered a disability.

Health Exemptions, the CDC and HIPAA

First of all, you must remember, that on a national level, there is no law requiring anyone to wear face masks. It is still just a suggestion.

Secondarily, the CDC has zero authority to require anybody to do anything. They are a governmental organization that simply makes suggestions. Your local and state governments can choose to adopt the CDC's suggestions and they can add the force of law to the CDC's suggestions, but the CDC itself can not force anybody to do anything.

Additionally, private businesses can technically "refuse service to anyone" for any reason. However, there are limits to that as well. A private business, for example, cannot refuse service to a black person, just because they are black. That is discrimination and it is illegal. They also can't refuse service to a disabled person. That is also illegal.

While it has not been litigated, technically speaking, a business cannot refuse service to someone who cannot wear a face mask due to their own disability.

Now, what is that disability? What is the medical or health reason why they can't wear a mask? Well, according to HIPAA (Health Insurance Portability & Accountability Act), the health privacy law passed in 1996, no disabled person is required to reveal their disability, and a business is not allowed to request that information. Your health information is 100% protected under HIPAA.

Now remember, we're dealing with the letter of the law here, and in the real world, laws must ultimately be interpreted by a judge. And even though the law is clear on all of this, it wouldn't be a shock for a liberal, activist judge, to take a case like this and legislate from the bench and declare, "Even though the law provides for such exemptions, in a state of emergency, or during a national crisis, it is understandable and acceptable to force people to wear facemasks."

I mean, if idiot judges are forcing churches to stay closed and abridging the first amendment, it shouldn't shock us if they don't uphold your rights regarding health exemptions and face masks.

All that being said, your rights are very clear. According to the ADA, if you have a mental predisposition against wearing facemasks, you do not have to wear one and businesses must allow you access. And HIPAA guarantees that you don't have to reveal your "medical condition" or disability.

Furthermore, the CDC has no power to force you to do anything. However, even the CDC has recognized health exemptions in their suggestions for using facemasks. Here is a screenshot from their own website noting exemptions for health reasons:
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National Businesses All Make Exceptions for Health Conditions

Additionally, nearly all national businesses who are "requiring" their customers to use face masks in their places of business, have put policies in place with exceptions for health conditions. Here are some examples:

Costco“This requirement does not apply to children under the age of 2 or to individuals who are unable to wear a face covering due to a medical condition.”

Delta Airlines “People unable to keep a face covering in place, including children, are exempt.”

Alaska Airlines“Who is exempt from wearing a face covering? Guests who have an underlying medical condition…”

Even the onerous state of Washington, with it's ultra far-left, whacked out, socialist, communist wannabe Governor, Jay Inslee, has made an exception for "health conditions." The reason for this is simple, people—businesses and governments understand that you can't cross the rules of the Americans with Disabilities Act:

State of Washington“There are exemptions, including people with certain disabilities or health conditions, people who are deaf or hard of hearing, and children under the age of 2.”

States Do Not Have the Authority to Mandate Facemasks

States don't have the authority to mandate the use of a facemask, anyway. Judge Andrew Napolitano recently made this very clear in an interview where he stated:

"And that brings us to whether the states have the authority to do that, and the answer again is no,” said the judge. “If a person is known to be contagious, the state could require that person to be quarantined or wear a mask, but anything short of that, the state cannot interfere with that person’s freedom of movement or freedom to wear or not to wear a mask, so the government’s authority is really rather limited here no matter how aggressive the pandemic may become.”

This is one judge's opinion, of course. I would agree that the letter and spirit of the law do not give states or any government agency the authority to mandate the use of face masks. But in the end, all plainly written law can be overturned by activist judges who legislate from the bench. This is why we must fight for our rights. The only rights that truly exist and that are truly "protected by law," are those that the people fight for.

My Suggestion For Everyone

You can simply claim a health exemption when entering any store requiring face masks. For additional assistance, and to help educate the ignorant masses, you can download the Face Mask Health Exemption card we've provided on the right sidebar of this page. Print it out and have it laminated. Then use it wherever you go.

This Face Mask Health Exemption card likewise has not authority in and of itself, it is simply used for educational purposes to help inform those you are interacting with regarding the law.

If someone still does not want to give you access, my suggestion to you is to leave and never again do business with that company. Don't argue with them. What good does that do? That's pointless. Vote with your feet and leave. That's Capitalism.

Just leave and do business elsewhere. You can certainly write a letter to the owner of the business, include a copy of your health exemption card, and let them know that you will never do business with them again. But arguing with an employee on the spot is totally worthless and only makes you look like an arrogant fool.

In the end, do what you feel you have to do. I won't be caught dead wearing a face mask. I already outlined 3 major reasons why nobody should wear them. And I refuse to be forced to add to public insanity and fear by walking around like a criminal or an idiot with a face mask on.
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Click on the image above to download your own 4-up copy of the Face Mask Health Exemption. We suggest that you print it out, laminate it, and use it everywhere you go.
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