Health Exemptions Won't Work: Why Mask Bans are Fundamentally Flawed
Proponents of mask bans claim to include carve-outs for "legitimate" use, but enforcing such exemptions based on health criteria is logistically impossible. Authorities are not equipped to determine who "needs" a mask.
Who "Needs" to Wear Masks?
The population of those who “need” (or choose) to mask is not limited to those able to prove a medical disability. Despite confusing public health messaging, science has consistently shown that masks are highly effective at protecting both the wearer and those around them from viruses. There are no workable exemptions when anyone who wants to wear a face mask must be able to.
People wear masks for a variety of reasons that would not qualify for an exemption:
Protecting Loved Ones: Individuals with no health risks of their own may need to protect people in their lives. They might live with an immunocompromised spouse or child, be a caretaker for an elderly parent, or even be medical professionals choosing to protect their patients or educators protecting their students.
Personal Health: Masks are simple yet effective barriers against COVID-19, measles, and flu. They're useful tools for people who don't want to get sick or whose work or personal life doesn’t afford them the luxury of falling ill. They also protect against allergens, air pollution, and wildfire smoke.
Avoiding Long COVID: 10% of cases result in post-COVID complications, even in those with mild infections and no prior risk factors. Long COVID can damage organs, impair brain function, and weaken the immune system. Repeat infections increase these risks. The only way to prevent Long COVID is to avoid contracting COVID-19 altogether.
Preventing Spread: New variants may take up to 4 days to test positive, so someone could be contagious before a test confirms it. Although evidence shows that people with SARS-COV-2 are infectious for about 9 days, guidelines suggest just 1 day of isolation. This pressures those with limited paid time off to work while sick.
Protecting Community: Masks help prevent COVID-19 transmission from asymptomatic and presymptomatic cases. This collective effort is vital during high transmission periods to ease the burden on healthcare systems and protect public health.
Misconceptions About Disability
The proposed "health exemptions" in mask ban bills ignore the diverse realities of disability. Many assume only visibly disabled or elderly individuals are at high risk, but the CDC reports that over one in four U.S. adults has a disability, and 75% have at least one risk factor for severe COVID-19. Everyone must be allowed to use masks without fear of discrimination or legal repercussions.
Legislator Howard Kopel stated while discussing the Nassau County bill, "I very much doubt anyone is going to stop a little old lady wearing a mask for health reasons." However, 80% of disabilities are invisible, meaning a person might “look healthy” despite being chronically ill. Everyone has the right to protect themselves and their communities, not just “little old ladies.”
People with invisible disabilities, such as chronic pain or autoimmune disorders, already face discrimination for appearing “healthy” when using accessibility tools. Criminalizing the use of necessary medical tools like masks will worsen this harassment.
Requiring individuals to disclose private medical information to qualify for exemptions, or to prove the exemption’s legitimacy to law enforcement, infringes on privacy rights and imposes an undue burden on those with disabilities. Some people may not have visible signs of needing a mask but require it for health reasons, making them more vulnerable to targeting or harassment.
Issues Identifying "Medical" Masks
Medical masks come in various styles beyond the well-known N95 and KN95 respirators. For example, P100s, also known as “gas masks” aren't typically seen as medical but offer superior filtration and are less wasteful, making them a popular choice for immunocompromised individuals needing maximum protection. Law enforcement is likely to view these and other atypical masks as "suspicious," putting vulnerable groups at higher risk of being unfairly targeted.
The Flaws of Proposed Health Exemptions
Some Exemptions Require Mask Removal
While proponents claim these bans will not impact “medically compromised” people, some legislation mirrors North Carolina’s requirement for individuals with exemptions to remove their masks upon request.
According to Nassau County’s Mask Transparency Act, police can demand mask removal during traffic stops or if criminal activity is suspected. This practice risks COVID-19 exposure, as the virus can transmit within seconds, and each removal compromises the mask's seal, reducing its effectiveness. (Disability Rights New York has filed a lawsuit against the Nassau County ban.)
Some Bills Have Inapplicable Exemptions
The Democrat-sponsored Bill A10057A in New York State includes a non-applicable and minimal health exemption. It applies only "during a declared public health emergency." The official COVID-19 public health emergency was declared over in May 2023. This resulted not in decreased COVID-19 spread, but decreased access to government-sponsored medical care. Concerningly, the bill specifies restrictions on "Personal Protective Equipment" (PPE, i.e. face masks), essentially banning its use in public gatherings.
Potential Abuse and Profiling
People wearing masks have already been subject to harassment. BIPOC groups, especially Black and Asian-American communities, have been historically targeted for mask-wearing. Criminalizing masking, as well as the ambiguous nature of the proposed “exemptions,” can lead to abuse and inconsistent application, especially given that BIPOC New Yorkers face higher threats from police and the public when wearing masks.
How To Take Action Against New York’s Mask Bans
Join us in urging New York elected officials to uphold the right of all New Yorkers to wear a mask.
Covid Advocacy NY’s #NoNYMaskBan toolkit to contact your representatives, write letters, and post on social media.
#StopMaskBans Toolkit: Mask Together America created this toolkit and letter-writing campaign to oppose mask bans anywhere in the country, including New York.
Jews for Mask Rights: We need Jewish signatures opposing mask bans for our open letter to New York elected officials. If you’re not Jewish, help us get the word out with our sharing toolkit.
Together, we can protect public health and ensure the safety of all New Yorkers.
