Petition for Writ of Certiorari — Aaron Abadi, Petitioner v. Department of Transportation
Supreme Court briefJun 30, 2022
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No.
IN THE
Supreme Court of the United States
AARON ABADI,
Applicant,
v.
DEPARTMENT OF TRANSPORTATION (“DOT”),
Respondent.
On petition for writ of certiorari to review a judgment on a petition for review
of agency failure to act, denied by United States Court of Appeals for the DC
Circuit.
PETITION FOR WRIT OF CERTIORARI
APPENDIX
Applicant:
Aaron Abadi (Pro se)
82 Nassau Street Apt 140
New York, NY 10038
Tel: 212-785-0370
aabadi@optonline.net
1
APPENDIX TABLE OF CONTENTS
Page
APPENDIX TABLE OF CONTENTS........................................
1
COURT ORDER by DC Circuit Denying Petition & Motions
2
ACAA 14 CFR § 382.....................................................................
3
APA 5 USC Ch. 7: § 702-706 JUDICIAL REVIEW.................
9
CDC - Covid Reinfection is rare
11
DOT OACP Notice of Enforcement Policy
13
The ADA and Face Mask Policies
21
Doctor’s letter
44
Medical Chart
45
List of Airlines Discriminating........................................................
50
American Airlines DOT Complaint from Jan. 2019......................
53
Unemployment Ended Sept. 5, 2021...............................................
57
Email to Alex Taday of the DOT Enforcement..............................
58
Friend’s Email to DOT about airline denial even after violation
59
Sampling of Airline Discriminations...............................................
63
DOT Responses to complaints showing violations........................
96
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USCA Case #22-1012
Document #1943138
Filed: 04/14/2022
Page 1 of -fe
Pniteir JStdlxmri of JVppeals
For The District of Columbia Circuit
September Term, 2021
No. 22-1012
Filed On: April 14, 2022
In re: Aaron Abadi,
Petitioner
BEFORE: Millett, Pillard, and Wilkins, Circuit Judges
ORDER
Upon consideration of the court’s order to show cause filed February 23, 2022,
and the response thereto; the “petition for review of agency action,” which was
docketed as a petition for a writ of mandamus; the motion to reclassify the petition; and
the motion fora preliminary injunction, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED that the petition be dismissed for lack of jurisdiction.
Petitioner states that his petition is not for a writ of mandamus but rather for review of
an agency’s failure to act. A claim under the Administrative Procedure Act for failure to
act “can proceed only where a plaintiff asserts that an agency failed to take a discrete
agency action that it is required to take." Norton v. S. Utah Wilderness All., 542 U.S.
55, 64 (2004) (emphases in original). Petitioner has identified neither a legal
requirement that the Department of Transportation (“DOT") resolve his complaints
against airlines within a certain time period, nor a legal requirement that DOT take any
other discrete action that it allegedly has failed to take. Accordingly, petitioner has not
demonstrated any basis for this court to exercise jurisdiction over his petition for review
of a failure to act. See Pub. Citizen, Inc, v. FERC, 839 F.3d 1165, 1172-74 (D.C. Cir.
2016); In re Aiken Cty., 645 F.3d 428, 437-38 (D.C. Cir. 2011). Because petitioner has
disclaimed mandamus relief, he also has not demonstrated any basis for this court to
address a claim of unreasonable agency delay. See Telecomms. Research & Action
Ctr. v. FCC (“TRAC"), 750 F.2d 70, 76 (D.C. Cir. 1984) (concluding that mandamus
authority may be used to address claims of unreasonable delay in order to protect
future jurisdiction). It is
FURTHER ORDERED that petitioner’s remaining motions be dismissed as moot.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.
Per Curiam
3
§382.19
Office of the Secretary, DOT
(1) This assurance must commit the
contractor to compliance with all ap
plicable provisions of this part in ac
tivities performed on behalf of the car
rier.
(2) The assurance must also commit
the contractor to implementing direc
tives issued by your CROs under
§§382.151 through 382.153.
(c) As a U.S. carrier, you must also
include such an assurance of compli
ance in your contracts or agreements
of appointment with U.S. travel
agents. You are not required to include
such an assurance in contracts with
foreign travel agents.
(d) You remain responsible for your
contractors’ compliance with this part
and for enforcing the assurances in
your contracts with them.
(e) It is not a defense against an en
forcement action by the Department
under this part that your noncompli
ance resulted from action or inaction
by a contractor.
§382.17 May carriers limit the number
of passengers with a disability on a
flight?
As a carrier, you must not limit the
number of passengers with a disability
who travel on a flight. (See also
§ 382.27(c)(6) of this part.)
[Docket OST-2004-19482, 73 FR 27665, May 13,
2008, as amended at 74 FR 11471, Mar. 18, 2009J
§ 382.19 May carriers refuse to provide
transportation on the basis of dis
ability?
(a) As a carrier, you must not refuse
to provide transportation to a pas
senger with a disability on the basis of
his or her disability, except as specifi
cally permitted by this part.
(b) You must not refuse to provide
transportation to a passenger with a
disability because the person’s dis
ability results in appearance or invol
untary behavior that may offend,
annoy, or inconvenience crewmembers
or other passengers.
(c) You may refuse to provide trans
portation to any passenger on the basis
of safety, as provided in 49 U.S.C. 44902
or 14 CFR 121.533, or to any passenger
whose carriage would violate FAA or
TSA requirements or applicable re
quirements of a foreign government.
(1) You can determine that there is a
disability-related safety basis for refus
ing to provide transportation to a pas
senger with a disability if you are able
to demonstrate that the passenger
poses a direct threat (see definition in
§382.3). In determining whether an indi
vidual poses a direct threat, you must
make an individualized assessment,
based on reasonable judgment that re
lies on current medical knowledge or
on the best available objective evi
dence, to ascertain:
(1) The nature, duration, and severity
of the risk;
(ii) The probability that the poten
tial harm to the health and safety of
others will actually occur; and
(iii) Whether reasonable modifica
tions of policies, practices, or proce
dures will mitigate the risk.
(2) If you determine that the pas
senger does pose a direct threat, you
must select the least restrictive re
sponse from the point of view of the
passenger, consistent with protecting
the health and safety of others. For ex
ample, you must not refuse transpor
tation to the passenger if you can pro
tect the health and safety of others by
means short of a refusal.
(3) In exercising this authority, you
must not act inconsistently with the
provisions of this part.
(4) If your actions are inconsistent
with any of the provisions of this part,
you are subject to enforcement action
under subpart K of this part.
(d) If you refuse to provide transpor
tation to a passenger on his or her
originally-scheduled flight on a basis
relating to the individual’s disability,
you must provide to the person a writ
ten statement of the reason for the re
fusal. This statement must include the
specific basis for the carrier’s opinion
that the refusal meets the standards of
paragraph (c) of this section or is oth
erwise specifically permitted by this
part. You must provide this written
statement to the person within 10 cal
endar days of the refusal of transpor
tation.
417
4
14CFR Ch. II (1-1-12 Edition)
§382.21
§382.21 May carriers limit access to
transportation on the basis that a
passenger has a communicable dis
ease or other medical condition?
(a) You must not do any of the fol
lowing things on the basis that a pas
senger has a communicable disease or
infection, unless you determine that
the passenger’s condition poses a direct
threat:
(1) Refuse to provide transportation
to the passenger;
(2) Delay the passenger’s transpor
tation (e.g., require the passenger to
take a later flight);
(3) Impose on the passenger any con
dition, restriction, or requirement not
imposed on other passengers; or
(4) Require the passenger to provide a
medical certificate.
(b) In assessing whether the pas
senger’s condition poses a direct
threat, you must apply the provisions
of §382.19(c)(l)-(2) of this subpart.
(1) In making this assessment, you
may rely on directives issued by public
health authorities (e.g., the U.S. Cen
ters for Disease Control or Public
Health Service; comparable agencies in
other countries; the World Health Or
ganization).
(2) In making this assessment, you
must consider the significance of the
consequences of a communicable dis
ease and the degree to which it can be
readily transmitted by casual contact
in an aircraft cabin environment.
Example 1 to paragraph (b)(2): The common
cold is readily transmissible in an aircraft
cabin environment but does not have severe
health consequences. Someone with a cold
would not pose a direct threat.
Example 2 to paragraph (b)(2): AIDS has
very severe health consequences but is not
readily transmissible in an aircraft cabin en
vironment. Someone would not pose a direct
threat because he or she is HIV-positive or
has AIDS.
Example 3 to paragraph (b)(2): SARS may be
readily transmissible in an aircraft cabin en
vironment and has severe health con
sequences. Someone with SARS probably
poses a direct threat.
(c) If a passenger with a commu
nicable disease meeting the direct
threat criteria of this section gives you
a medical certificate of the kind out
lined in § 382.23(c)(2) describing meas
ures for preventing transmission of the
disease during the normal course of the
flight, you must provide transportation
to the passenger, unless you are unable
to carry out the measures.
(d) If your action under this section
results in the postponement of a pas
senger’s travel, you must permit the
passenger to travel at a later time (up
to 90 days from the date of the post
poned travel) at the fare that would
have applied to the passenger's origi
nally scheduled trip without penalty
or, at the passenger’s discretion, pro
vide a refund for any unused flights, in
cluding return flights.
(e) If you take any action under this
section that restricts a passenger’s
travel, you must, on the passenger’s re
quest, provide a written explanation
within 10 days of the request.
§ 382.23 May carriers require a pas
senger with a disability to provide
a medical certificate?
(a) Except as provided in this section,
you must not require a passenger with
a disability to have a medical certifi
cate as a condition for being provided
transportation.
(b) (1) You may require a medical cer
tificate for a passenger with a dis
ability—
(1) Who is traveling in a stretcher or
incubator;
(ii) Who needs medical oxygen during
a flight; or
(iii) Whose medical condition is such
that there is reasonable doubt that the
individual can complete the flight safe
ly, without requiring extraordinary
medical assistance during the flight.
(2) For purposes of this paragraph, a
medical certificate is a written state
ment from the passenger’s physician
saying that the passenger is capable of
completing the flight safely, without
requiring extraordinary medical assist
ance during the flight.
(3) To be valid, a medical certificate
under this paragraph must be dated
within 10 days of the scheduled date of
the passenger’s initial departing flight.
Example to paragraph (b)(3): A passenger
who schedules a flight from New York to
London on January 15 with a return on April
15 would have to show a medical certificate
dated January 5 or later. The passenger
would not have to show a second medical
certificate dated April 5 or later.
418
5
§382.27
Office of the Secretary, DOT
(c)(1) You may also require a medical
certificate for a passenger if he or she
has a communicable disease or condi
tion that could pose a direct threat to
the health or safety of others on the
flight.
(2) For purposes of this paragraph, a
medical certificate is a written state
ment from the passenger’s physician
saying that the disease or infection
would not, under the present condi
tions in the particular passenger’s
case, be communicable to other persons
during the normal course of a flight.
The medical certificate must state any
conditions or precautions that would
have to be observed to prevent the
transmission of the disease or infection
to other persons in the normal course
of a flight. A medical certificate under
this paragraph must be dated within 10
days of the date of the flight for which
it is presented.
(d) As a carrier, you may require that
a passenger with a medical certificate
undergo additional medical review by
you if there is a legitimate medical
reason for believing that there has
been a significant adverse change in
the passenger’s condition since the
issuance of the medical certificate or
that the certificate significantly un
derstates the passenger’s risk to the
health of other persons on the flight. If
the results of this medical review dem
onstrate that the passenger, notwith
standing the medical certificate, is
likely to be unable to complete the
flight without requiring extraordinary
medical assistance (e.g., the passenger
has apparent significant difficulty in
breathing, appears to be in substantial
pain, etc.) or would pose a direct threat
to the health or safety of other persons
on the flight, you may take an action
otherwise prohibited under § 382.21(a) of
this part.
Pocket OST-2004-19482. 73 FR 27665. May 13.
2008. as amended at 75 FR 44887, July 30, 2010]
§382.25 May a carrier require a pas
senger with a disability to provide
advance notice that he or she is
traveling on a flight?
As a carrier, you must not require a
passenger with a disability to provide
advance notice of the fact that he or
she is traveling on a flight.
§382.27 May a carrier require a pas
senger with a disability to provide
advance notice in order to obtain
certain specific services in connec
tion with a flight?
(a) Except as provided in paragraph
(b) of this section and §§382.133(0(4)
and (5) and 382.133 (d)(5) and (6), as a
carrier you must not require a pas
senger with a disability to provide ad
vance notice in order to obtain services
or accommodations required by this
Part.
(b) You may require a passenger with
a disability to provide up to 72 hours’
advance notice and check in one hour
before the check-in time for the gen
eral public to receive carrier-supplied
in-flight medical oxygen on inter
national flights, 48 hours’ advance no
tice and check-in one hour before the
check-in time for the general public to
receive carrier-supplied in-flight med
ical oxygen on domestic flights, and 48
hours’ advance notice and check-in one
hour before the check-in time for the
general public to use his/her ventilator,
respirator, CPAP machine or POC.
(c) You may require a passenger with
a disability to provide up to 48 hours’
advance notice and check in one hour
before the check-in time for the gen
eral public to receive the following
services and accommodations. The
services listed in paragraphs (c)(1)
through (c)(3) of this section are op
tional; you are not required to provide
them, but you may choose to do so.
(1) Carriage of an incubator;
(2) Hook-up for a respirator, venti
lator, CPAP machine or POC to the
aircraft electrical power supply;
(3) Accommodation for a passenger
who must travel in a stretcher;
(4) Transportation for an electric
wheelchair on an aircraft with fewer
than 60 seats;
(5) Provision of hazardous materials
packaging for batteries or other assist
ive devices that are required to have
such packaging;
(6) Accommodation for a group of ten
or more qualified individuals with a
disability, who make reservations and
travel as a group: and
(7) Provision of an on-board wheel
chair on an aircraft with more than 60
seats that does not have an accessible
lavatory.
419
6
14CFR Ch. II (1-1-12 Edition)
§382.29
(8) Transportation of an emotional
support or psychiatric service animal
in the cabin;
(9) Transportation of a service ani
mal on a flight segment scheduled to
take 8 hours or more;
(10) Accommodation of a passenger
who has both severe vision and hearing
impairments (see § 382.29(b)(4)).
(d) If the passenger with a disability
provides the advance notice you re
quire, consistent with this section, for
a service that you must provide (see
paragraphs (c)(4) through (c)(10) of this
section) or choose to provide (see para
graphs (c)(1) through (c)(3) of this sec
tion), you must provide the requested
service or accommodation.
(e) Your reservation and other ad
ministrative systems must ensure that
when passengers provide the advance
notice that you require, consistent
with this section, for services and ac
commodations, the notice is commu
nicated, clearly and on time, to the
people responsible for providing the re
quested service or accommodation.
(f) If a passenger with a disability
provides the advance notice you re
quire, consistent with this section, and
the passenger is forced to change to an
other flight (e.gbecause of a flight
cancellation), you must, to the max
imum extent feasible, provide the ac
commodation on the new flight. If the
new flight is another carrier’s flight,
you must provide the maximum fea
sible assistance to the other carrier in
providing the accommodation the pas
senger requested from you.
(g) If a passenger does not meet ad
vance notice or check-in requirements
you establish consistent with this sec
tion, you must still provide the service
or accommodation if you can do so by
making reasonable efforts, without de
laying the flight.
[Docket OST-2004-19482, 73 FR 27665, May 13,
2008, as amended at 74 FR 11471, Mar. 18, 2009;
75 FR 44887, July 30, 2010]
§382.29 May a carrier require a pas
senger with a disability to travel
with a safety assistant?
(a) Except as provided in paragraph
(b) of this section, you must not re
quire that a passenger with a disability
travel with another person as a condi-
tion of being provided air transpor
tation.
(b) You may require a passenger with
a disability in one of the following cat
egories to travel with a safety assist
ant as a condition of being provided air
transportation, if you determine that a
safety assistant is essential for safety:
(1) A passenger traveling in a stretch
er or incubator. The safety assistant
for such a person must be capable of at
tending to the passenger’s in-flight
medical needs;
(2) A passenger who, because of a
mental disability, is unable to com
prehend or respond appropriately to
safety instructions from carrier per
sonnel, including the safety briefing re
quired by 14 CFR 121.571(a)(3) and (a)(4)
or 14 CFR 135.117(b) or the safety regu
lations of a foreign carrier’s govern
ment, as applicable;
(3) A passenger with a mobility im
pairment so severe that the person is
unable to physically assist in his or her
own evacuation of the aircraft;
(4) A passenger who has both severe
hearing and severe vision impairments,
if the passenger cannot establish some
means of communication with carrier
personnel that is adequate both to per
mit transmission of the safety briefing
required by 14 CFR 121.57(a)(3) and
(a)(4), 14 CFR 135,117(b) or the safety
regulations of a foreign carrier’s gov
ernment, as applicable, and to enable
the passenger to assist in his or her
own evacuation of the aircraft in the
event of an emergency. You may re
quire a passenger with severe hearing
and vision impairment who wishes to
travel without a safety assistant to no
tify you at least 48 hours in advance to
provide this explanation. If the pas
senger fails to meet this notice re
quirement, however, you must still ac
commodate him or her to the extent
practicable.
(c)(1) If you determine that a person
meeting the criteria of paragraph
(b)(2), (b)(3) or (b)(4) of this section
must travel with a safety assistant,
contrary to the individual’s self-assess
ment that he or she is capable of trav
eling independently, you must not
charge for the transportation of the
safety assistant. You are not required
to find or provide the safety assistant,
however.
420
r
7
§382.33
Office of the Secretary, DOT
(2) For purposes of paragraph (b)(4) of
this section, you may require, contrary
to the individual’s self-assessment,
that an individual with both severe
hearing and vision impairments must
travel with a safety assistant if you de
termine that—
(i) The means of communication that
the individual has explained to you
does not adequately satisfy the objec
tives identified in paragraph (b)(4) of
this section; or
(ii) The individual proposes to estab
lish communication by means of finger
spelling and you cannot, within the
time following the individual’s notifi
cation, arrange for a flight crew mem
ber who can communicate using this
method to serve the passenger’s flight.
(3) If a passenger voluntarily chooses
to travel with a personal care attend
ant or safety assistant that you do not
require, you may charge for the trans
portation of that person.
(d) If, because there is not a seat
available on a flight for a safety assist
ant whom the carrier has determined
to be necessary, a passenger with a dis
ability holding a confirmed reservation
is unable to travel on the flight, you
must compensate the passenger with a
disability in an amount to be cal
culated as provided for instances of in
voluntary denied boarding under 14
CFR part 250, where part 250 applies.
(e) For purposes of determining
whether a seat is available for a safety
assistant, you must deem the safety as
sistant to have checked in at the same
time as the passenger with a disability.
(0 Concern that a passenger with a
disability may need personal care serv
ices (e.g., assistance in using lavatory
facilities or with eating) is not a basis
for requiring the passenger to travel
with a safety assistant. You must ex
plain this clearly in training or infor
mation you provide to your employees.
You may advise passengers that your
personnel are not required to provide
such services.
§ 382.31 May carriers impose special
charges on passengers with a dis
ability for providing services and
accommodations required by this
rule?
(a) Except as otherwise provided in
this part you must not, as a carrier,
impose charges for providing facilities.
equipment, or services that this rule
requires to be provided to passengers
with a disability. You may charge for
services that this part does not require.
(b) You may charge a passenger for
the use of more than one seat if the
passenger's size or condition (e.g., use
of a stretcher) causes him or her to oc
cupy the space of more than one seat.
This is not considered a special charge
under this section.
(c) If your web site that passengers
use to make reservations or purchase
tickets is not accessible to a passenger
with a disability, you must not charge
a fee to the passenger who is con
sequently unable to make a reservation
or purchase a ticket on that site for
using another booking method (e.g.,
making a reservation by phone). If a
discount is made available to a pas
senger who books a flight using an in
accessible web site, you must make
that discount available to a passenger
with a disability who cannot use the
web site and who purchases a ticket
from you using another method.
§382.33 May carriers impose other re
strictions on passengers with a dis
ability that they do not impose on
other passengers?
(a) As a carrier, you must not subject
passengers with a disability to restric
tions that do not apply to other pas
sengers, except as otherwise permitted
in this part (e.g., advance notice re
quirements for certain services per
mitted by §382.27).
(b) Restrictions you must not impose
on passengers with a disability include,
but are not limited to, the following:
(1) Restricting passengers” move
ment within the terminal:
(2) Requiring passengers to remain in
a holding area or other location in
order to receive transportation, serv
ices, or accommodations;
(3) Making passengers sit on blankets
on the aircraft;
(4) Making passengers wear badges or
other special identification (e.g., simi
lar to badges worn by unaccompanied
minors); or
(5) Otherwise mandating separate
treatment for passengers with a dis
ability, unless permitted or required by
this part or other applicable Federal
requirements.
421
8
14 CFR Ch. M (1-1-12 Edition)
§382.35
for boarding, even if the passenger does
not explicitly request the information.
(d) Any limitations on the avail
ability of storage facilities, in the
cabin or in the cargo bay, for mobility
aids or other assistive devices com
monly used by passengers with a dis
ability, including storage in the cabin
of a passenger’s wheelchair as provided
in §§382.67 and 382.123 of this part;
(e) Whether the aircraft has an acces
sible lavatory; and
(f) The types of services to passengers
with a disability that are or are not
available on the flight.
§ 382.35 May carriers require pas
sengers with a disability to sign
waivers or releases?
(a) As a carrier, you must not require
passengers with a disability to sign a
release or waiver of liability in order to
receive transportation or to receive
services or accommodations for a dis
ability.
(b) You must not require passengers
with a disability to sign waivers of li
ability for damage to or loss of wheel
chairs or other assistive devices, or for
the loss of, death of, or injury to serv
ice animals. Carriers may note pre-ex
isting damage to an assistive device to
the same extent that carriers do this
with respect to other checked baggage.
§ 382.43 Must information and reserva
tion services of carriers be acces
sible to individuals with hearing
impairments?
Subpart C—Information for
Passengers
§382.41 What flight-related informa
tion must carriers provide to quali
fied individuals with a disability?
As a carrier, you must provide the
following information, on request, to
qualified individuals with a disability
or persons making inquiries on their
behalf concerning the accessibility of
the aircraft expected to make a par
ticular flight. The information you
provide must be specific to the aircraft
you expect to use for the flight unless
it is unfeasible for you to do so (e.g.,
because unpredictable circumstances
such as weather or a mechanical prob
lem require substitution of another air
craft that could affect the location or
availability of an accommodation). The
required information is:
(a) The specific location of seats, if
any, with movable armrests (i.e., by
row and seat number);
(b) The specific location of seats (i.e.,
by row and seat number) that the car
rier, consistent with this part, does not
make available to passengers with a
disability (e.g., exit row seats);
(c) Any aircraft-related, service-re
lated or other limitations on the abil
ity to accommodate passengers with a
disability, including limitations on the
availability of level-entry boarding to
the aircraft at any airport involved
with the flight. You must provide this
information to any passenger who
states that he or she uses a wheelchair
(a) If, as a carrier, you provide tele
phone reservation and information
service to the public, you must make
this service available to individuals
who use a text telephone (TTY), wheth
er via your own TTY, voice relay, or
other available technology, as follows:
(1) You must provide access to TTY
users during the same hours as the
telephone service is available to the
general public.
(2) You must ensure that the re
sponse time for answering calls and the
level of service provided to TTY users
is substantially equivalent to the re
sponse time and level of service pro
vided to the general public (i.e., nonTTY users).
(3) You must not subject TTY users
to charges exceeding those that apply
to non-TTY users of telephone informa
tion and reservation service.
(4) In any medium in which you list
the telephone number of your informa
tion and reservation service for the
general public, you must also list your
TTY number if you have one. If you do
not have a TTY number, you must
state how TTY users can reach your in
formation and reservation service (e.g.,
via a voice relay service).
(5) If you are a foreign carrier, you
must meet this requirement by May 13,
2010.
(b) The requirements of paragraph (a)
do not apply to you in any country in
422
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§701
resentatives”, was executed by making the substi
tution for “the Committees on the Judiciary of the
Senate and House of Representatives, the Select Com
mittee on Small Business of the Senate, and the Com
mittee on Small Business of the House of Representa
tives” to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 104-121, §243(b)(2), substituted
“his or her views with respect to compliance with this
chapter, the adequacy of the rulemaking record with
respect to small entities and the" for “his views with
respect to the”.
Change of Name
Committee on Small Business of Senate changed to
Committee on Small Business and Entrepreneurship of
Senate. See Senate Resolution No. 123, One Hundred
Seventh Congress, June 29, 2001.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-121 effective on expiration
of 90 days after Mar. 29, 1996, but inapplicable to inter
pretative rules for which a notice of proposed rulemaking was published prior to Mar. 29, 1996, see section
245 of Pub. L. 104-121, set out as a note under section 601
of this title.
CHAPTER 7—JUDICIAL REVIEW
Sec.
701.
702.
703.
704.
705.
706.
Page 108
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
Application; definitions.
Right of review.
Form and venue of proceeding.
Actions reviewable.
Relief pending review.
Scope of review.
Short Title
The provisions of sections 551 to 559 of this title and
this chapter were originally enacted by act June 11,
1946, ch. 423, 60 Stat. 237, popularly known as the “Ad
ministrative Procedure Act”. That Act was repealed as
part of the general revision of this title by Pub. L.
89-554 and its provisions incorporated into sections 551
to 559 of this title and this chapter.
§ 701. Application; definitions
(a) This chapter applies, according to the pro
visions thereof, except to the extent that—
(1) statutes preclude judicial review; or
(2) agency action is committed to agency
discretion by law.
(b) For the purpose of this chapter—
(1) “agency” means each authority of the
Government of the United States, whether or
not it is within or subject to review by an
other agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or
possessions of the United States;
(D) the government of the District of Co
lumbia;
(E) agencies composed of representatives
of the parties or of representatives of organi
zations of the parties to the disputes deter
mined by them;
(F) courts martial and military commis
sions;
(G) military authority exercised in the
field in time of war or in occupied territory;
or
(H) functions conferred by sections 1738,
1739, 1743, and 1744 of title 12; subchapter II
of chapter 471 of title 49; or sections 1884,
1891-1902, and former section 1641(b)(2), of
title 50, appendix; and
(2) “person”, “rule”, “order”, “license”,
“sanction”, “relief”, and “agency action”
have the meanings given them by section 551
of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392; Pub. L.
103-272, 15(a), July 5, 1994, 108 Stat. 1373; Pub. L.
111-350, § 5(a)(3), Jan. 4, 2011, 124 Stat. 3841.)
Historical and Revision Notes
Derivation
(a)
U.S. Code
Revised Statutes and
Statutes at Large
5U.S.C. 1009 (Intro
ductory clause).
June 11, 1946, ch. 324, §10
(introductory clause), 60
Stat. 243.
In subsection (a), the words “This chapter applies, ac
cording to the provisions thereof,” are added to avoid
the necessity of repeating the introductory clause of
former section 1009 in sections 702-706.
Subsection (b) is added on authority of section 2 of
the Act of June 11, 1946, ch. 324, 60 Stat. 237, as amend
ed, which is carried into section 551 of this title.
In subsection (b)(1)(G), the words “or naval” are
omitted as included in “military”.
In subsection (b)(1)(H), the words “functions which by
law expire on the termination of present hostilities,
within any fixed period thereafter, or before July 1,
1947” are omitted as executed. Reference to the “Selec
tive Training and Service Act of 1940” is omitted as
that Act expired on Mar. 31, 1947. Reference to the
“Sugar Control Extension Act of 1947” is omitted as
that Act expired on Mar. 31, 1948. References to the
“Housing and Rent Act of 1947, as amended” and the
“Veterans’ Emergency Housing Act of 1946” have been
consolidated as they are related. The reference to
former section 1641(b)(2) of title 50, appendix, is re
tained notwithstanding its repeal by § 111(a)(1) of the
Act of Sept. 21, 1961, Pub. L. 87-256, 75 Stat. 538, since
§ 111(c) of the Act provides that a reference in other
Acts to a provision of law repealed by § 111(a) shall be
considered to be a reference to the appropriate provi
sions of Pub. L. 87-256.
Standard changes are made to conform with the defi
nitions applicable and the style of this title as outlined
in the preface to the report.
References in Text
Sections 1891-1902 of title 50. appendix, referred to in
subsec. (b)(1)(H), were omitted from the Code as exe
cuted.
Amendments
2011—Subsec. (b)(1)(H). Pub. L. 111-350 struck out
“chapter 2 of title 41;” after “title 12;”.
1994—Subsec. (b)(1)(H). Pub. L. 103-272 substituted
“subchapter H of chapter 471 of title 49; or sections” for
“or sections 1622,”.
§ 702. Right of review
A person suffering legal wrong because of
agency action, or adversely affected or ag
grieved by agency action within the meaning of
a relevant statute, is entitled to judicial review
thereof. An action in a court of the United
States seeking relief other than money damages
and stating a claim that an agency or an officer
or employee thereof acted or failed to act in an
official capacity or under color of legal author
ity shall not be dismissed nor relief therein be
denied on the ground that it is against the
United States or that the United States is an in
dispensable party. The United States may be
named as a defendant in any such action, and a
judgment or decree may be entered against the
United States: Provided, That any mandatory or
10
Page 109
injunctive decree shall specify the Federal offi
cer or officers (by name or by title), and their
successors in office, personally responsible for
compliance. Nothing herein (1) affects other lim
itations on judicial review or the power or duty
of the court to dismiss any action or deny relief
on any other appropriate legal or equitable
ground; or (2) confers authority to grant relief if
any other statute that grants consent to suit ex
pressly or impliedly forbids the relief which is
sought.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392; Pub. L.
94-574, §1, Oct. 21, 1976, 90 Stat. 2721.)
cial review. A preliminary, procedural, or inter
mediate agency action or ruling not directly reviewable is subject to review on the review of
the final agency action. Except as otherwise ex
pressly required by statute, agency action
otherwise final is final for the purposes of this
section whether or not there has been presented
or determined an application for a declaratory
order, for any form of reconsideration, or, unless
the agency otherwise requires by rule and pro
vides that the action meanwhile is inoperative,
for an appeal to superior agency authority.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.)
Historical and Revision Notes
Historical and Revision Notes
Derivation
§706
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code
5 U.S.C. 1009(a).
Revised Statutes and
Statutes at Large
Derivation
U.S. Code
5U.S.C. 1009(c).
June 11, 1946, ch. 324. § 10(a),
60 Stat. 243.
Revised Statutes and
Statutes at Large
June 11. 1946, ch. 324, §10(0,
60 Stat. 243.
Standard changes are made to conform with the defi
nitions applicable and the style of this title as outlined
in the preface to the report.
Standard changes are made to conform with the defi
nitions applicable and the style of this title as outlined
in the preface of this report.
Amendments
1976—Pub. L. 94-574 removed the defense of sovereign
immunity as a bar to judicial review of Federal admin
istrative action otherwise subject to judicial review.
§ 705. Relief pending review
§ 703. Form and venue of proceeding
The form of proceeding for judicial review is
the special statutory review proceeding relevant
to the subject matter in a court specified by
statute or, in the absence or inadequacy thereof,
any applicable form of legal action, including
actions for declaratory judgments or writs of
prohibitory or mandatory injunction or habeas
corpus, in a court of competent jurisdiction. If
no special statutory review proceeding is appli
cable, the action for judicial review may be
brought against the United States, the agency
by its official title, or the appropriate officer.
Except to the extent that prior, adequate, and
exclusive opportunity for judicial review is pro
vided by law, agency action is subject to judicial
review in civil or criminal proceedings for judi
cial enforcement.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392; Pub. L.
94-574, §1, Oct. 21, 1976, 90 Stat. 2721.)
Historical and Revision notes
Derivation
U.S. Code
6 U.S.C. 1009(b).
Revised Statutes and
Statutes at Large
June 11, 1946, ch. 324, §10(b),
60 Stat. 243.
Standard changes are made to conform with the defi
nitions applicable and the style of this title as outlined
in the preface to the report.
Amendments
1976—Pub. L. 94-574 provided that if no special statu
tory review proceeding is applicable, the action for ju
dicial review may be brought against the United
States, the agency by its official title, or the appro
priate officer as defendant.
§ 704. Actions reviewable
Agency action made reviewable by statute and
final agency action for which there is no other
adequate remedy in a court are subject to judi-
When an agency finds that justice so requires,
it may postpone the effective date of action
taken by it, pending judicial review. On such
conditions as may be required and to the extent
necessary to prevent irreparable injury, the re
viewing court, including the court to which a
case may be taken on appeal from or on applica
tion for certiorari or other writ to a reviewing
court, may issue all necessary and appropriate
process to postpone the effective date of an
agency action or to preserve status or rights
pending conclusion of the review proceedings.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 393.)
Historical and revision Notes
Derivation
U.S. Code
5 U.S.C. 1009(d).
Revised Statutes and
Statutes at Large
June 11. 1946, ch. 324, §10(d),
60 Stat. 243.
Standard changes are made to conform with the defi
nitions applicable and the style of this title as outlined
in the preface of this report.
§ 706. Scope of review
To the extent necessary to decision and when
presented, the reviewing court shall decide all
relevant questions of law, interpret constitu
tional and statutory provisions, and determine
the meaning or applicability of the terms of an
agency action. The reviewing court shall—
(1) compel agency action unlawfully with
held or unreasonably delayed; and
(2) hold unlawful and set aside agency ac
tion, findings, and conclusions found to be—
(A) arbitrary, capricious, an abuse of dis
cretion, or otherwise not in accordance with
law;
(B) contrary to constitutional right,
power, privilege, or immunity;
(C) in excess of statutory jurisdiction, au
thority, or limitations, or short of statutory
right;
(D) without observance of procedure re
quired by law;
Reinfection with COVtO-191CDC
6/18/2021
for Disease
Control and Prevention
CDC Centers
COVID-19
Reinfection with COVID-19
Updated Aug. 6,2021
Cases of reinfection with COVID-19 have been reported, but remain rare.
In general, reinfection means a person was infected (got sick) once, recovered, and then later became infected again. Based
on what we know from similar viruses, some reinfections are expected. We are still learning more about COVID-19. Ongoing
COVID-19 studies will help us understand:
• How likely is reinfection
• How often reinfection occurs
• How soon after the first infection can reinfection take place
• How severe are cases of reinfection
• Who might be at higher risk for reinfection
• What reinfection means for a person's immunity
• If a person is able to spread COVID-19 to other people when reinfected
Delta Variant
The Delta variant causes more infections and spreads faster than earlier forms of the virus that causes COVID-19. It
might cause more severe illness than previous strains in unvaccinated people.
• Vaccines continue to reduce a person’s risk of contracting the virus that cause COVID-19, including this variant.
• Vaccines continue to be highly effective at preventing hospitalization and death, including against this variant.
• Fully vaccinated people with breakthrough infections from this variant appear to be infectious for a shorter period.
• Get vaccinated and wear masks indoors in public spaces to reduce the spread of this variant.
About the Delta Variant
Variants in the US
What CDC is doing
CDC is actively working to learn more about reinfection to inform public health action. CDC developed recommendations for
public health professionals to help decide when and how to test someone for suspected reinfection. CDC has also provided
information for state and local health departments to help investigate suspected cases of reinfection. We will update this
guidance as we learn more about reinfection.
httpS'//Mww.cdc.gov/eoron»%u3/20ie4ioo<r/yaur4ieatih/relnfealon.html
1/2
Reinfection with COVID-19 | CDC
8/19/2021
12
Important Ways to Slow the Spread of COVID-19
• Get a COVID-19 vaccine as soon as you can. Find a vaccine.
• Wear a mask that covers your nose and mouth to help protect yourself and others.
• Stay 6 feet apart from others who don't live with you.
• Avoid crowds and poorly ventilated indoor spaces.
• Wash your hands often with soap and water. Use hand sanitizer if soap and water aren’t available.
More Information
How to Protect Yourself & Others
How Do I Find a COVID-19 Vaccine?
About Variants of the Virus that Causes COVID-19 | CDC
Choosing Safer Activities ] CDC
Last Updated Aug. 6, 2021
https://www.cdc.gov/coronavims/2019-ncov/your-health/reinfection.htfrl
2/2
13
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
WASHINGTON, D.C.
NOTICE OF ENFORCEMENT POLICY:
ACCOMMODATION BY CARRIERS OF PERSONS WITH DISABILITIES
WHO ARE UNABLE TO WEAR OR SAFELY WEAR MASKS WHILE ON
COMMERCIAL AIRCRAFT
The Office of Aviation Consumer Protection (OACP), a unit within the Office of the General
Counsel of the U.S. Department of Transportation (DOT or the Department), is issuing this
Notice of Enforcement Policy to remind U.S. and foreign air carriers of their legal obligation to
accommodate the needs of passengers with disabilities when developing procedures to
implement the Federal mandate on the use of masks to mitigate the public health risks associated
with the Coronavirus Disease 2019 (COVID-19). OACP will exercise its prosecutorial
discretion and provide airlines 45 days from the date of this notice to be in compliance with their
obligation under the Air Carrier Access Act (ACAA)1 and the Department’s implementing
regulation in 14 CFR Part 382 (Part 382) to provide reasonable accommodations to persons with
disabilities who are unable to wear or safely wear masks, so long as the airlines demonstrate that
they began the process of compliance as soon as this notice was issued.
To carry out the Executive Order on Promoting COVID-19 Safety in Domestic and International
Travel (Executive Order),2 the Centers for Disease Control and Prevention (CDC) issued an
order on January 29, 2021 (CDC Order)3 that, among other things, requires U.S. and foreign air
carriers to use their best efforts to ensure that persons on flights to, within, or from4 the United
States wear a mask for the duration of travel, including when boarding and disembarking aircraft.
The CDC Order exempts certain categories of persons from the mask-wearing mandate,
including a person with a disability who cannot wear a mask, or who cannot safely wear a mask
1 The ACAA, signed into law in 1986, prohibits discrimination by airlines against individuals with disabilities in
commercial air transportation. The Americans with Disabilities Act, signed into law after the ACAA in 1990,
prohibits discrimination against individuals with disabilities in employment, state or local government, public
accommodations, commercial facilities, telecommunications, and transportation other than by commercial airlines.
2 Exec. Order No. 13998, 86 FR 7205 (Jan. 26, 2021).
3 Order Under Section 361 of the Public Health Service Act (42 U.S.C. 264) and 42 Code of Federal Regulations
70.2, 71.31(b), 71.32(b): Requirement for Persons to Wear Masks While on Conveyances and at Transportation
Hubs (CDC Order), available at https://www.cdc.gov/quarantine/pdf/Mask-Order-CDC_GMTF_01-29-21-p.pdf.
4 CDC Order specifies that “[c]onveyance operators must also require all persons to wear masks on board
conveyances departing from the United States and for the duration of their travel until the conveyance arrives at the
foreign destination if at any time any of the persons onboard (passengers or conveyance operators) will return to the
United States while this Order remains in effect.” CDC Order at 9.
1
14
because of the disability.5 However, it allows airlines to impose requirements or conditions for
carriage on the categories of persons exempted from the mask mandate, whether the person is a
child under the age of two, a person for whom wearing a mask would create a risk to workplace
safety, health, or job duty, or a person with a disability who is unable to wear or safely wear a
mask because of the disability. Additionally, on January 31, 2021, the Transportation Security
Administration (TSA) issued a Security Directive (SD) to aircraft operators on face mask
requirements to implement the Executive Order and to support enforcement of the CDC Order
mandating masks.6 The Department supports actions by the airline industry to have procedures
in place requiring passengers to wear masks in accordance with the CDC Order, CDC guidance,
and TSA SD. At the same time, the ACAA and Part 382, which are enforced by OACP, require
airlines to make reasonable accommodations, based on individualized assessments, for
passengers with disabilities who are unable to wear or safely wear a mask due to their disability.
This Notice sets forth the enforcement policy that OACP will apply in determining, on a
prospective basis, whether airlines are complying with the requirements of the ACAA and Part
382 when implementing procedures requiring mask-wearing by passengers.
Background
SARS-CoV-2, the virus that causes COVID-19, spreads most often when an infected person
coughs, sneezes, or talks, and droplets from the infected individual’s mouth or nose are spread
through the air and come in contact with people nearby.7 Persons with COVID-19 infection may
have symptoms of fever, cough, or shortness of breath,8 or they may be asymptomatic9 or presymptomatic10 but still able to spread the virus.11 CDC has made clear that appropriately worn
masks reduce the spread of COVID-19—particularly given the evidence of pre-symptomatic and
asymptomatic transmission of COVID-19.12
5 CDC Order at 4 and 5 (noting that this is a narrow exception that includes a person with a disability who cannot
wear a mask for reasons related to disability).
6 TSA Security Directive 1544-21-02: Security Measures - Face Mask Requirements (January 31,2021).
7 See Ctrs. for Disease Control & Prevention, How COVID Spreads, CDC.gov (last updated Oct. 28, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covid-spreads.htm1: Ctrs. for Disease Control
& Prevention, Considerations for Wearing Masks, CDC.gov (last updated Dec. 18, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-guidance.html.
8 Ctrs. for Disease Control & Prevention, Symptoms of Coronavirus, CDC.gov (last updated Dec. 22, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/svmptoms-testing/svmptoms.html.
9 An asymptomatic case is an individual infected with SARS-CoV-2, who does not exhibit symptoms during the
course of infection. Ctrs. for Disease Control & Prevention, COVID-19 Pandemic Planning Scenarios, CDC.gov
(last updated Sept. 10, 2020), https://www.cdc.gov/coronavirus/2019-ncov/hcp/planning-scenarios.html.
10 A pre-symptomatic case of COVID-19 is an individual infected with SARS-CoV-2, who has not exhibited
symptoms at the time of testing, but who later exhibits symptoms during the course of the infection. COVID-19
Pandemic Planning Scenarios, supra note 8.
1] See How COVID Spreads and Considerationsfor Wearing Masks, supra note 6.
12 CDC Order at 6.
15
As of January 27, 2021, there have been over 99 million confirmed cases of COVID-19 globally
and over 25 million confirmed cases of COVID-19 in the United States, with over 2 million
deaths globally and over 400,000 deaths in the United States due to the disease.13 To slow the
spread of COVID-19, on January 21, 2021, President Biden issued Executive Order 13998,
which directs the heads of certain Federal agencies to take immediate actions to require maskwearing in domestic and international transportation. The Executive Order further provides that
the heads of agencies may make categorical or case-by-case exceptions to policies developed
under the order, consistent with applicable law, to the extent that doing so is necessary or
required by law.
Pursuant to the Executive Order, on January 29, 2021, CDC issued an order directing
conveyance operators, which includes airlines, to use best efforts to ensure that any person on the
conveyance, such as an aircraft, wears a mask when boarding, disembarking, and for the duration
of travel. Recognizing that there are specific instances when wearing a mask may not be
feasible, the CDC Order exempts several categories of persons from the mask mandate,
including “a person with a disability who cannot wear a mask, or who cannot safely wear a mask
because of the disability as defined by the Americans with Disabilities Act (42 U.S.C. 12101 et
seq.).” The Americans with Disabilities Act (ADA) defines a person with a disability to include
a person who has a physical or mental impairment that substantially limits one or more major life
activities.14 To ensure that only qualified persons under the exemptions would be able to travel
without a mask, the CDC Order permits operators of transportation conveyances, such as
airlines, to impose requirements, or conditions for carriage, on persons requesting an exemption,
including requiring a person seeking an exemption to request an accommodation in advance,
submit to medical consultation by a third party, provide medical documentation by a licensed
medical provider, and/or provide other information as determined by the operator. The CDC
Order also permits operators to require protective measures, such as a negative result from a
SARS-CoV-2 viral test or documentation of recovery from COVID-19 or seating or otherwise
situating the individual in a less crowded section of the conveyance, e.g., aircraft.15
In response to COVID-19, U.S. and foreign air carriers generally have implemented policies
requiring passengers to wear masks onboard aircraft even before the issuance of the Executive
Order and the CDC Order. Some carriers have adopted policies that expressly allow “no
exceptions” to the mask requirement other than for children under the age of two.16 OACP has
13 Id. at 5.
14 42 U.S.C. 12102(4). OACP notes that the definition of a person with a disability under the ADA is almost
identical to the definition of a person with a disability under the Department’s ACAA regulation. See also CDC
Order at 4 and 5.
15 CDC Order at 4. CDC definitions for SARS-CoV-2 viral test and documentation of recovery are available in the
Frequently Asked Questions at https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-intemational-airtravelers.html.
16 It would a violation of the ACAA to have an exemption for children under 2 on the basis that children that age
cannot wear or safely wear a mask and not to have an exemption for the limited number of individuals with
disabilities who similarly cannot wear or safely wear a mask when there is no evidence that these individuals with
disabilities would pose a greater health risk to others. See Ctrs. for Disease Control & Prevention, Information for
Pediatric Healthcare Providers, CDC.gov (last updated Dec. 30, 2020), https://www.cdc.gov/coronavirus/2019-
16
received complaints from persons who assert they have a disability that precludes their wearing a
mask, and who contend that they were denied transport by an airline under a “no exceptions
allowed” mask policy.
The CDC and other medical authorities recognize that individuals with certain medical
conditions may have trouble breathing or other difficulties such as being unable to remove the
mask without assistance if required to wear a mask that fits closely over the nose and mouth.17
The CDC Order provides that a mask is not required in circumstances where an individual is
“unconscious (for reasons other than sleeping), incapacitated, unable to be awakened, or
otherwise unable to wear the mask without assistance. *»18 The Order notes that individuals may
remove masks “who are experiencing difficulty breathing or shortness of breath or are feeling
winded may remove the mask temporarily until able to resume normal breathing with the
mask”.”19 Also, individuals with acute illness may remove the mask if it “interferes with
necessary medical care such as supplemental oxygen administered via an oxygen mask, »20 CDC
will issue additional guidance regarding persons who cannot wear a mask on the basis of
disability.21 Individuals who have a physical or mental impairment that substantially limits one
or more major life activities are individuals with a disability for purposes of the ACAA and Part
382.22
Legal Authority
The ACAA prohibits U.S. and foreign air carriers from denying air transportation to or otherwise
discriminating in the provision of air transportation against a person with a disability by reason
of the disability.23 When a policy or practice adopted by a carrier has the effect of denying
service to or otherwise discriminating against passengers because of their disabilities, the
Department’s disability regulations in Part 382 require the airline to modify the policy or practice
as necessary to provide nondiscriminatory service to the passengers with disabilities, provided
that the modifications would not constitute an undue burden or fundamentally alter the airline’s
program.24
Part 382 allows an airline to refuse to provide air transportation to an individual whom the airline
determines presents a disability-related safety risk, provided that the airline can demonstrate that
ncov/hcp/pediatric-hcp.html (stating that “[rjecent evidence suggests that compared to adults, children likely have
similar viral loads in their nasopharynx, similar secondary infections rates, and can spread the virus to others”).
17 Considerations for Wearing Masks, supra note 6.
18 CDC Order at 4.
19 CDC Order at 4 (footnote 7).
20 CDC Order at 4 (footnote 7).
21 CDC Order at 5 (footnote 9).
22 49 U.S.C. 41705(a); 14 CFR 382.3.
23 49 U.S.C. 41705(a); 14 CFR 382.11.
24 14 CFR 382.13.
17
the individual would pose a “direct threat” to the health or safety of others onboard the aircraft,
and that a less restrictive option is not feasible.25 To support a determination that an individual
poses such a direct threat, the airline must make “an individualized assessment, based on
reasonable judgment that relies on current medical knowledge or on the best available objective
evidence,” in order to ascertain “(i) [t]he nature, duration, and severity of the risk; (ii) [t]he
probability that the potential harm to the health and safety of others will actually occur; and
(iii) [wjhether reasonable modifications of policies, practices, or procedures will mitigate the
risk.”26 If the airline has adequately determined, based on such an individualized assessment,
that the passenger does pose a direct threat to the health or safety of others because of a
disability-related condition, the airline “must select the least restrictive response from the point
of view of the passenger, consistent with protecting the health and safety of others,” and must,
for example, “not refuse transportation to the passenger if [the airline] can protect the health and
safety of others by means short of a refusal” to provide transportation.27 Furthermore, the
Department’s regulations permit the airline to impose reasonable conditions, restrictions, or
requirements on a passenger who has a “medical condition” that may cause the passenger to pose
a risk to the health and safety of others.28
Enforcement Policy
The authority to pursue or not to pursue enforcement action against airlines with respect to air
travel consumer protection and civil rights requirements, including compliance with the ACAA,
lies with OACP.29
In accordance with the CDC Order, as conveyance operators, airlines are required to implement
face mask policies that treat passengers presumptively as potential carriers of the SARS-CoV-2
virus and, therefore, as presenting a potential threat to the health and safety of other passengers
and the crew.30 Notably, however, the CDC Order exempts from the mask mandate a person
with a disability who cannot wear a mask, or who cannot safely wear a mask because of the
25 14 CFR 382.19(c)(1), (2).
26 Id.
27 14 CFR 382.19(c)(2).
28 14 CFR 382.21(a)(3). The rule recognizes that a passenger with a communicable disease or infection, such as
infection with the SARS-CoV-2 virus or other “medical condition,” may pose a direct threat to the health and safety
of others onboard an aircraft, and the airline may be justified in refusing to transport the passenger or in requiring
protective measures to mitigate the risk, consistent with the directives of public health authorities. 14 CFR
382.21 (a)—(b).
29 49 U.S.C. 41705(c), 46301. The CDC Order requiring aircraft operators to mandate mask use will be enforced by
the Transportation Security Administration under its statutory and regulatory authorities, including 49 U.S.C. 106,
114,44902,44903, and 46301; and 49 CFR 1542.303, 1544.305, and 1546.105.
30 CDC Order at 5 (“The virus that causes COVID-19 spreads very easily and sustainably between people who are
in close contact with one another (within about 6 feet).”); id. at 7 (“Traveling on public conveyances increases a
person’s risk of getting and spreading COVID-19 by bringing persons in close contact with others, often for
prolonged periods, and exposing them to frequently touched surfaces.”).
18
disability. The Department also requires reasonable accommodations for persons with
disabilities who are unable to wear masks or are unable to wear them safely.31
Airlines have expressed concerns to OACP that a significant number of passengers may claim
medical exemption from the mask requirements without an apparent credible basis. The CDC
Order permits airlines to impose requirements or conditions for carriage on a person requesting
an exemption, including requiring a person seeking an exemption to request an accommodation
in advance, submit to medical consultation by a third party, provide medical documentation by a
licensed medical provider, and/or provide other information as determined by the airline.32
Similarly, under the Department’s disability regulation in 14 CFR Part 382, airlines may impose
conditions, restrictions, or requirements on a passenger asserting that a medical condition
prevents the passenger from wearing a face mask, because the passenger may pose a direct threat
to the health or safety of others, as any passenger is a potential carrier of the SARS-CoV-2
virus.33 In short, both the CDC Order and Part 382 permit airlines to require passengers to
consult with the airline’s medical expert and/or to provide medical evaluation documentation
from the passenger’s doctor sufficient to satisfy the airline that the passenger does, indeed, have
a recognized medical condition precluding the wearing or safe wearing of a mask.
Airlines have also represented to OACP that, given the number of passengers making such
claims, it is not practicable for airlines to make the required individualized assessment of
appropriate mitigation measures at the airport on the day of the flight. Under the Department’s
disability regulation in Part 382, airlines must conduct an individualized assessment of the
potential ways to mitigate the risk to others of allowing passengers with disabilities to fly
without a mask.34 However, Part 382, like the CDC Order, permits airlines to require passengers
with disabilities who are unable to wear masks to request an accommodation in advance.
Airlines may also require such passengers to check in early and to agree to undergo the required
individualized assessment a reasonable period in advance of the scheduled flight, provided that
the process is completed on the day of travel.
In addition, airlines may impose protective measures to reduce or prevent the risk to other
passengers. For example, airlines may require protective measures, such as a negative result
from a SARS-CoV-2 test,35 taken at the passenger’s own expense, during the days immediately
31 14 CFR 382.13.
32 Id
33 14 CFR 382.21(a)(3).
34 14 CFR 382.19(c)(1).
35 On January 12, 2021, CDC issued an order requiring any passenger flying into the United States from a foreign
country to provide, before boarding the flight, proof of a negative pre-departure test result for SARS-CoV-2, the
virus that causes COVID-19, or documentation of recovery from COVID-19 after a previous SARS-CoV-2
infection. This order became effective on January 26,2021. Order Under Section 361 of the Public Health Service
Act (42 U.S.C. 264) and 42 Code of Federal Regulations 70.2, 71.31(b): Requirement for Negative Pre-Departure
COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airlines or Other Aircraft
Passengers Arriving into the United States from Any Foreign Country, available at
https://www.cdc.gov/quarantine/pdf/global-airline-testing-order_2021-01-2_R3-signed-encrypted-p.pdf.
19
prior to the scheduled flight.36 Further, the airline may arrange for additional, appropriate
mitigation measures, including arranging for the passenger to sit in a less crowded section of the
plane, to take a flight at times when airports are less crowded, and/or scheduling the passenger
on a less crowded flight.
To ensure travelers are aware of the face mask requirements, airlines should use their best efforts
to make this information easily available. The Department requires airlines provide information
on request, to individuals with disabilities, about any service-related or other limitations on the
airline’s ability to accommodate passengers with a disability.37 Also, CDC and TSA require
airlines to provide passengers with prominent and adequate notice to facilitate awareness and
compliance with the requirement that masks must be worn, subject to certain limited exemptions,
to mitigate the spread of COVID-19 during air travel.38 Airlines’ obligation to provide
information on the face mask requirements includes updating airlines’ face mask policies on
their websites to ensure accuracy and consistency with the ACAA, CDC Order and TSA SD.39
In recognition of the CDC Order, as well as airlines’ efforts to minimize the potential for
transmission of the virus onboard aircraft by implementing policies requiring passengers to wear
masks onboard aircraft even before the issuance of the CDC Order, OACP will exercise its
prosecutorial discretion and provide airlines an opportunity to follow the steps described herein
to become compliant before taking further action.40 Airlines are expected to review their face
mask policies immediately and to revise them as necessary to comply with the ACAA and
Department’s disability regulation in Part 382. OACP will refrain from taking enforcement
action against an airline for a period of up to 45 days from the date of this notice, so long as the
airline demonstrates that it began the process of compliance as soon as this notice was issued.
This timeframe should provide airlines with adequate time to review and revise their mask
procedures as needed to comply with the law.41
36 A positive test result for SARS-CoV-2, the virus that causes COVID-19, is a valid reason for an airline to deny
transport to any individual, including an individual with a disability. CDC recommends isolation to separate people
infected with SARS-CoV-2 from people who are not infected. See Ctrs. for Disease Control & Prevention, Isolate if
You are Sick, CDC.gov (last updated Jan. 7, 2021), https://www.cdc.gov/coronavirus/2019-ncov/if-you-aresick/isolation.html.
37 14 CFR 382.41.
38 CDC Order at 1; TSA SD at 2.
39 See 14 CFR 399.79 (b)(2) (defining an airline’s practice as “deceptive” to consumers within the meaning of
section 41712 if it is likely to mislead a consumer, acting reasonably under the circumstances, with respect to a
material matter).
40 Every day, we are learning more about how COVID-19 spreads and affects people and communities. OACP will
continue to follow the data and information provided by public health authorities, such as CDC, on actions necessary
to limit the spread or impact of SARS-CoV-2 and will make changes to this notice as necessary to be consistent with
current medical knowledge and the best available objective evidence.
41 This document is a temporary notice of enforcement discretion. Regulated entities may rely on this notice as a
safeguard from Departmental enforcement as described herein. To the extent that this notice includes guidance on
how regulated entities may comply with existing regulations, it does not have the force and effect of law and is not
meant to bind the regulated entities in any way.
20
Questions regarding this Notice may be addressed to the Office of Aviation Consumer Protection
(C-70), 1200 New Jersey Avenue, S.E., Washington, D.C. 20590.
By:
Blane A. Workie
Assistant General Counselfor
Office ofAviation Consumer Protection
Dated: February 5, 2021
An electronic version ofthis document is available at http://www.dot.gov/airconsumer
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Southeast
i
Center
Information, Guidance and Training on the Americans with Disabilities Act
Home » Disability Issues » The ADA and Face Mask Policies
The ADA and Face Mask Policies
Updated: 8/27/2021
Contents
• Introduction
• Mav a federal, state or local government agency or a business require
customers to wear a face mask?
o Note: CPC Guidance
° Updates (8/27/2021^
o Court Cases: ADA and Face Masks
• Is there a reason a person might not be able to wear a face mask?
o Examples of a person with a disability who might not be able to wear a
face mask
• If a person with a disability is unable to wear a face mask, do I still have to
allow them in mv business or government agency?
• Are there anv situations when an agency or business does not have to
provide a reasonable modification to the face mask policy?
o Fundamental Alteration
° Undue Burden
° Direct Threat
• How should I respond to a request for a reasonable modification to the face
mask policy?
° Best Practice Tip
• Summary & Resources
° Citation
o Endnotes
° Disclaimer
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Introduction
The COVID-19 pandemic has changed our world in many ways. People with
disabilities, people with chronic health conditions such as heart disease, lung disease,
and diabetes, and people over the age 60, are at a higher risk of becoming infected
and more likely to become seriously ill. Safety measures such as social distancing,
vaccines, respiratory etiquette, and the wearing of face masks or cloth face coverings
are our first line of defense to keep people safe from severe illness. [44]
Note: In this document, the term "face mask" will be used for both face masks and
cloth face coverings.
Wearing a face mask is one important way to slow the spread of COVID-19 [45]
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) updated its
guidance on face masks. The CDC recommends that face masks be worn by
everyone, regardless of vaccination status, in areas of substantial and high
transmission. Wearing a face mask increases protection from the Delta variant and
lessens the chance of spreading it to others.^—l The CDC considers substantial
transmission to be 50 to 100 new cases per 100,000 people over a seven-day period.
High transmission is 100 or more cases per 100,000 people over seven days or in
areas with 8% or higher positive test rates. [32]
Additionally, the CDC urges that fully vaccinated people who have compromised
immune systems continue to wear a face mask. The number of federal, state and
U.S. territories with face mask mandates changes in response to current outbreak
conditions^—^
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Wearing a face mask may be difficult for some people with a disability. State and
local government agencies or private businesses that want customers to use a face
mask may have questions and concerns. This fact sheet offers guidance to questions
about the issue of face mask policies, reasons why a person with a disability might
not be able to wear a face mask, and the legal rights a person has under the
Americans with Disabilities Act (ADA).
May a federal, state or local government agency or a business require customers
to wear a face mask?
NOTE: CDC Guidance
The information from the Centers for Disease Control and Prevention (CDC) and other
authorities has changed as the COVID-19 pandemic evolves and new variants
emerge. Therefore, private businesses and government agencies should follow the
most current information on maintaining safety by reviewing the CDC Coronavirus
(COVID-19) information (cdc.gov).
You can also access more information at:
* Accessible COVID-19 Resources from CDC guidance
Source: Center for Inclusive Design and Innovation (CIDI)
• Older Adults and People with Disabilities: COVID-19 Resources
Source: Administration for Community Living (ACL)
UPDATES
August 27,2021 - State Mask Mandates
The number of federal, state and U.S. territories with face mask mandates changes in
response to current outbreak conditions. As of August 27, 2021, ten states (California,
Connecticut, Hawaii, Illinois, Louisiana, Nevada, New Mexico, New York, Oregon and
Washington), the District of Columbia, and the territory of Puerto Rico have mask
mandates in place. Also, on August 27, Oregon became the first state to reimpose a
face-covering requirement for people in outdoor public settings, and Illinois' indoor
mask order is being expanded to cover vaccinated people, effective August 30.^
August 20, 2021 - Face Masks, Travel and Transportation
The Centers for Disease Control and Prevention (CDC), Transportation Security
Administration (TSA), and the U.S. Department of Transportation (DOT) remind
people who chose to travel that they are still required to wear a face mask?
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‘
buses, trains, and other forms of public transportation traveling into, within, or outside
of the United States. This includes all U.S. transportation hubs such as airports and
stations for trains and buses. CDC guidance states that fully vaccinated people are
safe to travel and can resume travel within the United States.^ However, travel
outside the United States poses additional risks. Fully vaccinated travelers might be
at increased risk for getting and possibly spreading some COVID-19 variants [47]
On Friday, August 20, 2021, the Transportation Security Administration (TSA) is
extending the face mask requirement for individuals across all transportation
networks throughout the United States, through January 18, 2022. The transportation
network includes airports, onboard commercial aircraft, on over-the-road buses, and
on commuter bus and rail systems^—^
July 27, 2021 - Centers for Disease Control (CDC)
Interim Public Health Recommendations for Fully Vaccinated People
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) updated its
guidance on face masks for fully vaccinated people. The CDC recommends that face
masks be worn by everyone, regardless of vaccination status.^ The guidance
specifically states that a fully vaccinated person should "wear a mask indoors in
public if you are in an area of substantial or high transmission
CDC continues to urge people with compromised immune systems and people who
live in households with people who have compromised immune systems to wear
masks. The CDC recommends that fully vaccinated people who have a known
exposure to someone with suspected or confirmed COVID-19 infection be tested 3-5
days after exposure and to wear face masks in indoor public settings for 14 days or
until they receive a negative test result.Finally, the CDC recommends that all teachers,
staff, students, and school visitors wear masks in school settings, regardless of
vaccination statusJ—^
July 19,2021 - American Academy of Pediatrics (AAP)
COVID-19 Guidance for Safe Schools
On July 19, 2021, the American Academy of Pediatrics (AAP), the leading pediatrics
organization in the United States, issued a face mask recommendation for schools
that are re-opening this fall. The AAP advises that all staff and students over the age
of 2 wear face masks when at school unless prohibited by a medical or
developmental condition. The AAP guidance also strongly encourages all e
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individuals to receive the COVID-19 vaccine. Schools are urged to provide available
and accessible vaccine resources for the whole community.
AAP endorsed the guidance from the Centers for Disease Control (CDC) that schools
carry out multiple prevention strategies including social distancing, face masks,
handwashing, quarantining, cleaning, disinfections, screening testing, building
ventilation, and respiratory etiquette. These things help limit the transmission of
respiratory pathogens that are airborne or spread by droplets.^
Respiratory Etiquette
• Covering your mouth and nose when coughing or sneezing.
• Using tissues and throwing them away.
• Washing your hands or using hand sanitizer every time you touch your mouth
or nose.
• Providing tissues and no-touch trash cans to throw them away
• Offering disposable face masks to customers and employees
The AAP, citing guidance from the World Health Organization (WHO), the United
Nations Children's Fund (UNICEF), and the CDC, urges schools to be opened this fall.
They state that there is no evidence of significantly increased community
transmission by opening schools. The AAP also believes that "remote learning
exposed inequities in education, was detrimental to the educational attainment of all
students, and exacerbated a mental health crisis among children and adolescents".
[40]
July 9,2021 - Centers for Disease Control and Prevention (CDC)
Guidance for COVID-19 Prevention in K-12 Schools
On July 9, 2021, the Centers for Disease Control and Prevention (CDC) provided
guidance that individuals who are not fully vaccinated (age 2 and older) should
continue to wear face masks indoors and in crowded settings when physical
distancing cannot be maintained. It is recommended that schools maintain 3 feet of
physical distancing in classrooms. Schools should also carry out multiple strategies
to prevent the spread of COVID-19. These strategies include: social distancing, face
masks, handwashing, screening testing, ventilation, and respiratory etiquette. The
CDC emphasized the importance of in-person instruction even when a school cannot
implement all prevention strategies.^
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The Centers for Disease Control and Prevention (CDC) issued guidance that face
masks are no longer required in outdoor areas where transportation is provided or at
transportation hubs. Transportation includes: airplanes, trains, school buses,
subways, buses, taxis, ride-shares, trolleys, cable cars, and ships and boats.
Transportation hub is any location where people await, board, or disembark from
public transportation. In these cases, private vehicles are not considered
transportation.
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If transportation sites or transportation hubs have outdoor areas (such as on a ferry
or an open-air trolley or bus), wearing a face mask is not required while
outdoors unless otherwise required by the operator, federal, State, tribal, territorial, or
local government. However, the CDC continues to recommend wearing of face masks
in these areas by people who are not fully vaccinated to protect themselves and
others.^
February 1,2021 - Face Masks, Travel and Transportation
A federal order took effect requiring travelers to wear face masks. According to the
order from the Centers for Disease Control and Prevention (CDC), face masks must
be worn by passengers on trains, buses, trains and subways, airplanes, ships, taxis
and ride-share services as well as any other mode of transportation. The order also
requires face masks at all transportation hubs including airports, bus terminals,
seaports, train stations, and U.S. ports of entry. ^ This guidance follows President
Biden's executive order requiring face masks to be worn on all federal properties. [31]
March 11, 2020: Centers for Disease Control and Prevention (CDC)
Face Mask Recommendation
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The World Health Organization (WHO) declared COVID-19 as a pandemic.® The
Centers for Disease Control and Prevention (CDC) noted that studies have shown that
many people who do not have symptoms of COVID-19 can spread the virus to other
people. Because it takes four to fourteen days for someone to show symptoms, they
also may infect others without knowing it.® This means that the virus can be shared
between people who are close to each other. For example, people who are speaking,
coughing, or sneezing may spread the virus even if they do not have symptoms.
® Therefore, the CDC recommends that people over age two wear a face mask in
public or where it can be hard to stay six feet apart from others.®
Court Cases: ADA and Face Masks
Resurrection School v. Hertel
In a ruling handed down on August 23, 2021, the Sixth Circuit Court of Appeals,
upheld a district court ruling that refused to block a mask mandate put in place by the
Michigan Department of Health and Human Services. Resurrection Catholic
Elementary School sued Elizabeth Hertel, the Director of the Michigan Department of
Health and Human Services, claiming the face mask mandate was a violation of their
rights to free exercise of religion, equal protection, and due process, because face
masks hide faces "made in God's image and likeness." Although the mask mandate in
Michigan was lifted before this decision, the Sixth Circuit's decision is important in the
event a new mask mandate is imposed. The court relied on a rational basis test,
saying the state has a legitimate interest to keep the public safe and that the
mandate applied to all elementary schools and did not single out religious education
institutions.^—]
Pletcher v. Giant Eagle Inc.
In another case decided on October 23,2020, in the Federal District Court for the
Western District of Pennsylvania, the Court denied a preliminary injunction in the case
of Pletcher v. Giant Eagle Inc. If granted, the injunction would have required Giant
Eagle Inc. to change its policy of requiring all customers to wear a face mask or other
face covering inside their store. In this case, sixty-nine plaintiffs filed a class action
suit claiming Giant Eagle Groceries were in violation of Title III of the ADA by denying
access to customers who claimed they could not wear a face mask due to their
disabilities. In the ruling, U.S. District Judge Nora Barry Fischer determined that the
store's face mask policy was a correct interpretation of the Pennsylvania Department
of Health's order that face masks are to be worn in public spaces and that those who
cannot wear a face mask may instead wear a face shield. Giant Eagle note
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defense that they had in place other modifications to policy and practice consistent
with ADA Title III to accommodate customers with disabilities.^
»'» 28~’r'
Bunn v. Nike, Inc.
In July 2020, Bunn v. Nike Inc., San Francisco Superior Court, resulted in a class
action settlement for customers who are deaf or hard of hearing. The suit claimed
that Nike's policy requiring all retail employees to wear face masks violated the ADA.
In the settlement, Nike agreed to make the following changes to address the issues
for customers who are deaf or hard of hearing: (1) reasonable modifications to policy,
practice, and procedure by requiring employees to wear transparent face masks to
provide effective communication; (2) providing guidance to employees about
accommodating customers; and (3) posting signs at store entrances notifying
customers they can request additional assistance.^
Is there a reason a person might not be able to wear a face mask?
The Centers for Disease Control and Prevention (CDC) states that a person who has
trouble breathing, is unconscious, incapacitated, or otherwise unable to remove the
face mask without assistance should not wear a face mask or cloth face covering.®
Examples of a person with a disability who might not be able to wear a face mask
• Individuals with asthma, chronic obstructive pulmonary disease (COPD), or
other respiratory disabilities may not be able to wear a face mask because of
difficult or impaired breathing. People with respiratory disabilities should
consult their own medical professional for advice about using face masks. The
Centers for Disease Control and Prevention (CDC) also states that anyone who
has trouble breathing should not wear a face mask.®
• People with post-traumatic stress disorder (PTSD), claustrophobia (an
abnormal fear of being in enclosed or narrow places), severe anxiety® may
feel afraid or terrified when wearing a face mask. These individuals may not be
able to stay calm or function when wearing a face mask.
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• (Some people with autism are sensitive to touch and texture.^.Covering the)
■29—
(noseand mouthwith fabric can cause sensory overload, feelings of panic, and,
(extreme anxietyj
• A person who has cerebral palsy may have difficulty moving the small muscles
in the hands, wrists, or fingers. Due to their limited mobility, they may not be
able to tie the strings or put the elastic loops of a face mask over the ears.
This means that the person may not be able to put on or remove a face mask
without assistance.
• A person who uses mouth control devices such as a sip and puff to operate a
wheelchair or assistive technology or uses their mouth or tongue to use
assistive ventilators may be unable to wear a face mask.
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?
The number of federal, state and U.S. territories with face mask mandates changes in
response to current outbreak conditions J—l As of July 20, 2021, eight states
(California, Connecticut, Hawaii, Illinois, Nevada, New Mexico, New York, and
Washington), the District of Columbia, and the territory of Puerto Rico have mask
mandates in place.
These mandates vary by state. For the most part, the mandates require face masks
to be worn by people who are unvaccinated and not fully vaccinated inside public
spaces, public transportation, workplaces, congregate settings and any situation that
where six feet of social separation cannot occur. These mandates also include
exemptions for children, people with disabilities or medical conditions, and situations
where face masks interfere with effective communication.^ These state mandates
do not override the consideration of reasonable modifications to policy, practice, and
procedure required by the Americans with Disabilities Act (ADA). Many 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.
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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. ^ It is important to focus on how
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to provide goods or services to a customer with a disability in an equal manner. This
can be done by reasonably modifying your policies, practices, or procedures.
The requirement to modify a policy, practice, or procedure does not include
individuals without disabilities, as they are not protected under the Americans with
Disabilities Act (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.
Offer appointments by telephone or video calls.
Are there any situations when an agency or business does not have to provide a
reasonable modification to the face mask policy?
There are three reasons under the Americans with Disabilities Act (ADA) that a state
or local government agency or private business may not have to provide a reasonable
modification.
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Fundamental Alteration
A state or local government agency or private business may not have to provide a
reasonable modification if the modification would change the nature of the service,
program, activity, goods, services, or facilities.![11K121
A fundamental alteration is a change to such a degree that the original program,
service, or activity is no longer the sameJ—^
• Example of a fundamental alternation: A customer requests that a store
deliver her items to her home as a reasonable modification so that she does
not have to enter the store. The store does not offer a home delivery.
Therefore, the store would not have to grant the request for home delivery
since it would be a fundamental alteration of their services.
Undue Burden
A state and local government agency or private business is not required to take any
action that it can demonstrate would result in an undue financial or administrative
burden. An undue burden is a significant difficulty or expensed—
• Example of an undue burden: A person would like to visit city library when no
other customers are present. He requests that staff allow him in 30 minutes
before the building opens. This might be an undue burden for the library due to
limited staffing.
The requirements for showing an undue financial or administrative burden are
different for a state or local government agency and a private business.
State or Local Government Agency and Undue Burden
The head of a state or local government agency or his/her designee are the only ones
who can make the decision as to whether a reasonable modification is an undue
burden. The decision-maker must provide information in writing with the reasons why
the modification is an undue burden.
In determining whether financial and administrative burdens are excessive, all
financial resources used to fund the programs, services, or activities of the public
entity must be considered. If an action would result in an undue burden, th< H English
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local government agency must look for other ways to ensure that individuals with
disabilities receive the benefits and services of the program or activity.^
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Private Business and Undue Burden
A private business must consider the following things to determine if an action or
reasonable modification would result in an undue burden.
1. The nature and cost of the reasonable modification.
2. The overall financial resources of the business making the reasonable
modifications; the number of people employed at the business; the effect on
expenses and resources of the business; legitimate safety requirements that
are necessary for safe operation, including crime prevention measures; or the
impact otherwise of the action upon the operation of the site.
3. For businesses with multiple sites, consideration is given to the degree of
geographic separateness and the administrative or financial relationship of the
sites that will make the modification more difficult or expensive.
4. If applicable, the overall financial resources, size, number of employees, and
type and location of facilities of the parent corporation or entity (if the
business involved in the reasonable modification is part of a larger business).
5. If applicable, an assessment is made of the parent corporation or entity's type
of operation, including the structure and functions of the workforce.^
Direct Threat
A state or local government agency or private business may not have to provide a
reasonable modification to the face mask policy if the individual with a disability
poses a direct threat to the health or safety of others.
A direct threat is a significant risk to the health or safety of others that cannot be
eliminated by a modification of policies, practices, or procedures, or by the provision
of auxiliary aids or services.^—N—^ The determination that a person poses a direct
threat to the health or safety of others may not be based on generalizations or
stereotypes about the effects of a particular disability. It must be based on an
individual assessment that considers the particular activity and the actual abilities
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and disabilities of the individual.![18][i9]
During a pandemic, state and local government agencies and businesses should use
the most up to date information from the Centers for Disease Control and Prevention
(CDC), the U.S. Department of Labor (DOL) Occupational Safety and Health
Administration (OSHA), and the state public health agencies. Because the pandemic
threat to health and safety will vary by region, you should consult your local public
health agency for guidance.^
To limit a direct threat from the COVID-19 pandemic, a state or local government
agency or private business may impose legitimate safety requirements necessary for
safe operation. However, these groups must ensure that their safety requirements are
based on real, specific risks, not on speculation, stereotypes, or generalizations about
individuals with disabilities.^^ These safety requirements must be consistent with
the ADA regulations about direct threat and legitimate safety requirements, and
consistent with advice from the CDC and public health authorities.
To limit a direct threat and have safety requirements in place to address the COVID
19 pandemic, state and local government agencies and businesses may:
Develop policies and procedures for prompt identification and isolation of
people with symptoms of COVID-19, including employees and customers.
Offer face masks to employees and customers.
Enforce social distancing guidelines.
Inform customers about symptoms of COVID-19 and ask sick customers to
minimize contact with workers and other customers until they are healthy
again.
Post signs with COVID-19 information in places that sick customers may visit
(e.g., pharmacies, hospitals, public health agencies, grocery stores).
Include COVID-19 information in automated messages sent when messages
are sent to customers via phone messages, text, or email; and/or
Limit customers in-person access by customers to the buildings operated by a
state or local government agency or private business, as appropriate.
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How should I respond to a request for a reasonable modification to the face mask
policy?
The U.S. Department of Justice (DOJ) issued two settlement agreements that provide
guidance on the reasonable modification decision-making process. [23] [24]
1. A state or government agency should designate at least one person, and a
back-up, who are authorized to receive and review requests for reasonable
modifications. The decision-maker for a state or local government agency is
the head of the public agency or their designee.^ Although not required,
private businesses are encouraged to designate a person to receive and review
requests for reasonable modifications and make decisions.
2. After receiving a request for a reasonable modification, talk with the individual
with a disability to learn why the person needs to modify the face mask policy
and to find a solution that meets ADA requirements. Decisions about
reasonable modifications should be made in a timely manner.
3. After the discussion, the government agency or private business may:
1. Agree to the request. In most cases, because the interaction is brief,
businesses such as department stores, grocery stores, and pharmacies
or government agencies such as the courthouse or drivers' services,
will be able to agree to the request. Generally, state and local
governments may not ask for documentation of disability as the
interactions are brief and in doing so would amount to unequal
treatment of people with disabilities.
2. Deny the request. If a request for modifications is denied, a state or
local government agency or private business is encouraged to provide a
written statement as to why the request was denied, provide a copy to
the person with a disability, and keep a copy on file.
3. In some unique circumstances where the interaction is not brief (e.g., a
college or university that offers students extended residency in
dormitories), the school may ask students with non-obvious disabilities
for medical documentation about the person's disability that is narrowly
tailored and is absolutely necessary to:
1. Verify that the individual meets the ADA definition of disability
(i.e., has a physical or mental impairment that substantially limits
one or more major life activities); or
2. Describe the needed modification; or
3. Show the relationship between the individual's disability and the
need for the requested modification.
.....
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^35-
Medical Documentation
The U.S. Department of Justice (DOJ) nor other federal agencies with enforcement
authority have not provided specific guidance about whether a store can or cannot
ask for medical documentation about a person's inability to wear a face mask due to
a disability. Generally, guidance from the U.S. Department of Justice has not allowed
asking for documentation for accommodations at businesses where interactions are
brief, such as grocery stores or pharmacies. Some places such as medical offices or
hospitals may need the medical documentation because a person who is not wearing
a face mask may infect other people who are sick.
Best Practice Tip
Prepare a list of possible alternatives to a face mask/cloth face covering policy that
you can share with people with disabilities who request a reasonable modification to
your policy. See: Examples of reasonable modifications to a face mask policy for
examples of policy modifications.
Summary
As the COVID-19 pandemic continues, state and local government agencies and
private businesses must make reasonable modifications to allow people with
disabilities to access the goods and services they offer. Following ADA requirements
for reasonable modifications within federal, state, and local health and safety
guidelines will allow you to keep employees and customers safe, reduce new
infections, and still provide goods and services to everyone.
Resources
For more about your rights under the Americans with Disabilities Act (ADA) and how
they apply to the coronavirus (COVID-19) pandemic: ADA. Disability & COVID-19
Resources (adacovidl 9.org)
For additional information on face coverings and the ADA:
• Fact Sheet: Flealthcare & Face Coverings: Reducing Communication Barriers
for Deaf and Flard of Fiearina Patients
Source: ADA National Network, Northwest ADA Center (adata.org)
• Fact Sheet: Face Coverings and Businesses: Balancing the ADA with
Health Purina COVID-19
https://adasoutheast.org/disability-issues/ada-and-face-mask-policies/
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11/16/21, 7:11 PM
'36-
Source: Northwest ADA Center (nwadacenter.org)
• FAQs: The ADA. Small Business and Face Masks
Source: Great Plains ADA Center (gpadacenter.org)
• ADA Today Podcast: COVID-19. Face Mask Policies and ADA Title II and III
Source: Mid-Atlantic ADA Center (adainfo.org)
• Webinar Archive: Face Coverings and the ADA - Application of ADA Title III
Source: ADA Audio Webinar Series: Great Lakes ADA Center
(accessibilityonline.org)
ADA National Network
For questions and training on the Americans with Disabilities Act (ADA),
contact your regional ADA center at 1-800-949-4232
or visit the national website: adata.org
- All calls are confidential. We do not give medical or legal advice. [Refer
to: Disclaimerl
Citation
Williamson, P. R., Morder, M. J., & Whaley, B. A. (2020). The ADA and Face Mask
Policies [Fact sheet]. Up to Date August 27, 2021. Retrieved
from https://www.adasoutheast.ora/disabilitv-issues/ada-and-face-maskpolicies.php
Endnotes
[1] Centers for Disease Control and Prevention (CDC). (2021, July 27). When you've
been fully vaccinated - how to protect yourself and others. Retrieved July 28, 2021
from https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated.html
[2] World Health Organization (WHO). (2020, April 27). WHO Timeline - COVID-19.
Retrieved June 1,2020, from https://www.who.int/news-room/detail/27-04-2020who-timeline-covid-19
[3] Centers for Disease Control and Prevention (CDC). (2020, May 12). Clinical
Questions about COVID-19: Questions and Answers. Retrieved June 4, 2020, from
https://www.cdc.gOv/coronavirus/2019-ncov/hcp/faq.html#Transmission
[4] Centers for Disease Control and Prevention (CDC). (2021, August 13). Ye
to Masks. Retrieved August 13, 2021, from https://www.cdc.gov/coronavir ^
https://adasoutheast.org/disability-issues/ada-and-face-mask-policies/
English
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The ADA and Face Mask Policies > Southeast ADA Center
'37'
ncov/prevent-getting-sick/about-face-coverings.html
[5] Centers for Disease Control and Prevention (CDC). (2020, May 22), About Cloth
Face Coverings. Retrieved June 2, 2020, from
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-facecoverings.html
[6] Centers for Disease Control and Prevention (CDC). (2020, May 22). About Cloth
Face Coverings. Retrieved June 2, 2020, from
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-facecoverings.html
[7] Centers for Disease Control and Prevention (CDC). (2020, May 22). About Cloth
Face Coverings. Retrieved June 2, 2020, from
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-facecoverings.html
[8] Definition of claustrophobia, (n.d.). Retrieved May 29, 2020, from
https://www.dictionary.com/browse/claustrophobia?s=t
[9] Des Roches Rosa, S. (2020, May 11). Some autistic people can't tolerate cloth
face coverings. Here's how we're managing with our son. The Washington Post.
Retrieved from https://www.washingtonpost.eom/lifestyle/2020/05/11/someautistic-people-cant-tolerate-face-masks-heres-how-were-managing-with-our-son/
[IQ] ADA National Network, (n.d.) Health Care and the Americans with Disabilities
Act. Retrieved May 29, 2020, from https://adata.org/factsheet/health-care-and-ada
[11] U.S. Department of Justice (DOJ). (2010). Americans with Disabilities Act Titled!
regulations: nondiscrimination on the basis of disability in state and local
government services. Retrieved from
https://www.ada.gov/regs2010/titlell_2010/titlell_2010_regulations.htm
[121 U.S. Department of Justice (DOJ). (2017). Americans with Disabilities Act TitleJU
Regulations: nondiscrimination on the basis of disability in public accommodations
and commercial facilities. Retrieved from
https://www.ada.gov/regs2010/titlelL2010/titlelL2010_regulations.htm
[131 U.S. Department of Justice (DOJ). (2008, October 9). ADA Best Practices Tool Kjt
for State and Local Governments - Chapter 1 ADA Basics: Statute and R<
https://adasoutheast.org/disability-issues/ada-and-face-mask-policies/
fM English
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The ADA and Face Mask Policies > Southeast ADA Center
Retrieved June 3, 2020, from https://www.ada.gov/pcatoolkit/chap1toolkit.htm
[14] U.S. Department of Justice (DOJ). (2010) Americans with Disabilities Act Title II
regulations: nondiscrimination on the basis of disability in state and local
government services. Retrieved from
https://www.ada.gov/regs2010/titlelL2010/titlelL2010_regulations.htm
[15] U.S. Department of Justice (DOJ). (2017). Americans with Disabilities Act Title III
Regulations: nondiscrimination on the basis of disability in public accommodations
and commercial facilities. Retrieved from
https://www.ada.gov/regs2010/titlelll_2010/titlel I L2010_regulations.htm
[161 U.S. Department of Justice (DOJ). (2010). Americans with Disabilities Act Title II
regulations: nondiscrimination on the basis of disability in state and local
government services. Retrieved from
https://www.ada.gov/regs2010/titlell_2010/titlelL2010_regulations.htm
[171 U.S. Department of Justice (DOJ). (2010). Americans with Disabilities Act Title III
Regulations: nondiscrimination on the basis of disability in public accommodations
and commercial facilities. Retrieved from
https://www.ada.gov/regs2010/titlelll_2010/titlellL2010_regulations.htm
[181 U.S. Department of Justice (DOJ). (1993, November). The Americans with
Disabilities Act Title II Technical Assistance Manual Covering State and Local
Government Programs and Services. Retrieved June 2, 2020, from
https://www.ada.gov/taman2.html
[19] U.S. Department of Justice (DOJ). (1993). Americans with Disabilities Act Title III
Technical Assistance Manual - Covering Public Accommodations and Commercial
Facilities. Retrieved June 3, 2020, from https://www.ada.gov/taman3.html
[201 U.S. Equal Employment Opportunity Commission (EEOC). (2020, March
21). Pandemic Preparedness in the Workplace and the Americans with Disabilities
Act. Retrieved June 5, 2020, from https://www.eeoc.gov/laws/guidance/pandemicpreparedness-workplace-and-americans-disabilities-act
[211 U.S. Department of Justice (DOJ). (2010). Americans with Disabilities Act Title II
regulations: nondiscrimination on the basis of disability in state and local
government services. Retrieved from
https://www.ada.gov/regs2010/titlell_2010/titlel L2010_regulations.htm
https://adasoutheast.org/disability-issues/ada-and-face-mask-policies/
Wm English
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The ADA and Face Mask Policies > Southeast ADA Center
[221 U.S. Department of Justice (DOJ). (2017). Americans with Disabilities Act Title III
'39’*'
Regulations: nondiscrimination on the basis of disability in public accommodations
and commercial facilities. Retrieved from
https://www.ada.gov/regs2010/titlellL2010/titlellL2010_regulations.htm
[231 U.S. Department of Justice (DOJ). (2016, July 28). Settlement Agreement
Between the United States of America and YMCA of the Triangle under the
Americans with Disabilities Act (DJ # 202-54-148V Retrieved June 3, 2020, from
https://www.ada.gov/ymca_triangle_sa.html
[241 U.S. Department of Justice (DOJ). (2010, November 22). Settlement Agreement
Between the United States of America and the District of Columbia under the
Americans with Disabilities Act. Retrieved June 3, 2020, from
https://www.ada.gov/dc_shelter.htm
[251 U.S. Department of Justice (DOJ). (n.d.). Common Questions about Title II of the
Americans with Disabilities Act [Text file!. Retrieved June 3,2020, from
https://www.ada.gov/pubs/t2qa.txt
[261 Markowitz, A. (2020, July 30). Does Your State Have a Mask Mandate Due to
Coronavirus?. Retrieved July 30, 2020, from https://www.aarp.org/health/healthyliving/info-2020/states-mask-mandates-coronavirus.html
[271 U.S. Department of Justice (DOJ). (1992). The Americans with Disabilities Act
Title II Technical Assistance Manual. Retrieved August 18, 2020, from
https://www.ada.gov/taman2.html
[281 U.S. Department of Justice (DOJ). (2017). Americans with Disabilities Act Title III
Regulations § 36.104 Definitions. Retrieved August 18, 2020, from
https://www.ada.gOv/regs2010/titlelll_2010/titlelll_2010_regulations.htm#a104
[29] U.S. District Court for the Western District of Pennsylvania. (2020, October
23). Pletcher v. Giant Eagle Inc., Civil Action No. 2:20-754 (W.D. Pa. Oct. 23,2020).
Retrieved from https://casetext.com/case/pletcher-v-giant-eagle-inc
[30] Centers for Disease Control and Prevention (CDC). (2021, January
29). Requirement for Persons to Wear Masks While on Conveyances and at
Transportation Hubs [PDF. 11 pagesl. Order under Section 361 of the Public Health
Service Act (42 U.S.C. 264) and 42 Code of Federal Regulations 70.2,71.31 (b),
English
https://adasoutheast.org/disability-issues/ada-and-face-mask-policies/
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-40'*'
71.32(b). Retrieved January 30, 2021 from
https://www.cdc.gov/quarantine/pdf/Mask-0rder-CDC_GMTF_01-29-21-p.pdf
[311 The White House. (2021, January 20). Executive Order on Protecting the Federal
Workforce and Requiring Mask-Wearing. Retrieved January 21,2021 from
https://www.whitehouse.gov/briefing-room/presidentialactions/2021/01/20/executive-order-protecting-the-federal-workforce-and-requiringmask-wearing/
[321 Centers for Disease Control and Prevention (CDC). (n.d.). CPC COVID Data
Tracker. Retrieved July 28, 2021 from https://covid.cdc.gov/covid-datatracker/#county-view
[331 American Association of Retired Persons (AARP). (2021, August 27). State-byState Guide to Face Mask Requirements. Retrieved August 27, 2021 from
https://www.aarp.org/health/healthy-living/info-2020/states-mask-mandatescoronavirus.html
[341 Transportation Security Administration (TSA). (2021, April 30). TSA extends face
mask requirement at airports and throughout the transportation network. Retrieved
April 03, 2021 from https://www.tsa.gov/news/press/releases/2021/04/30/tsaextends-face-mask-requirement-airports-and-throughout
[351 Centers for Disease Control and Prevention (CDC). (2021, May 13). When You've
Been Fully Vaccinated: Howto Protect Yourself and Others. Retrieved May 13, 2021
from https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated.html
[361 Transportation Security Administration (TSA). (2021, May 14). Joint Statement:
Mask Mandate On Public Transportation Remains in Effect. Retrieved May 14, 2021
from https://www.tsa.gov/news/press/statements/2021/05/14/joint-statementmask-mandate-public-transportation-remains-effect
[371 Centers for Disease Control and Prevention (CDC). (2021, June 10). Requirement
for Face Masks on Public Transportation Conveyances and at Transportation Hubs.
Retrieved June 10, 2021 from https://www.cdc.gov/coronavirus/2019ncov/travelers/face-masks-public-transportation.html
[381 Centers for Disease Control and Prevention (CDC). (2021, July 9). Guidance for
COVID-19 Prevention in K-12 Schools. Retrieved July 9, 2021 from
H English
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https://www.cdc.gov/Goronavirus/2019-ncov/community/schools-childcare/k-12-
-4T—
guidance.html
[391 Centers for Disease Control and Prevention (CDC). (2021, July 9). Prevention
strategies and school in-person learning - Science Brief: Transmission of SARSCoV-2 in K-12 Schools and Early Care and Education Programs - Updated. Retrieved
July 19, 2021 from https://www.cdc.gov/coronavirus/2019-ncov/science/sciencebriefs/transmission_k_12_schools.html#in-person
[401 American Academy of Pediatrics (AAP). (2021, July 19). AAP COVID-19 Guidance
for Safe Schools.. Retrieved July 19, 2021 from
https://services.aap.org/en/pages/2019-novel-coronavirus-covid-19infections/clinical-guidance/covid-19-planning-considerations-return-to-in-personeducation-in-schools/
[411 Superior Court of the State of California, County of San Francisco. (2020, July
29). Bunn v. Nike Inc. [PDF. 13 paaesl CGC20585683. Retrieved July 19, 2021 from
https://www.classaction.org/media/bunn-v-nike-inc.pdf
[421 Centers for Disease Control and Prevention. (2021, July 27). Interim public health
recommendations for fully vaccinated people. Retrieved July 28, 2021 from
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinatedguidance.html
[431 Centers for Disease Control and Prevention. (2021, July 27). Delta Variant: What
We Know About the Science. Retrieved August 12, 2021 from
https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.htmll
[441 Centers for Disease Control and Prevention. (2021, August 4). Families with
Vaccinated and Unvaccinated Members. Retrieved August 12, 2021 from
https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/caring-forchildren/families.html
[451 Centers for Disease Control and Prevention. (2021, July 14). CDC calls on
Americans to wear masks to prevent COVID-19 spread. Retrieved August 12, 2021
from https://www.cdc.gov/media/releases/2020/p0714-americans-to-wearmasks.html
[461 Centers for Disease Control and Prevention. (2021, August 20). Domestic Travel
Purina COVID-19. Retrieved August 20, 2021 from
tm English
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https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-during-covid19.html).
[471 Centers for Disease Control and Prevention. (2021, August 20). International
Travel Purina COVID-19 . Retrieved August 20,2021 from
https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during'
covid19.html
[48] Transportation Security Administration (TSA). (2021, August 20). TSA extends
face mask requirement through January 18. 2022 . Retrieved August 20, 2021 from
https://www.tsa.gov/news/press/releases/2021/08/20/tsa-extends-face-maskrequirement-through-january-18-2022
[491 Justia U.S. Case Law Federal Courts of Appeals Sixth Circuit 2021. (2021, August
23). Resurrection School v. Hertel. No. 20-2256 f6th Cir. 2021). Retrieved August 27,
2021 from https://law.justia.com/cases/federal/appellate-courts/ca6/20-2256/202256-2021 -08-23.html
Disclaimer:
These materials do not constitute legal advice and should not be relied upon in any
individual case. Please consult an attorney licensed in your state for legal advice
and/or representation. These materials were prepared by the legal research staff of
the Burton Blatt Institute (BBI) at Syracuse University in partnership with the
Southeast ADA Center to highlight legal and policy developments relevant to civil
rights protections and the impact of court decisions in the Southeast Region under
the Americans with Disabilities Act (ADA). These materials are based on federal
disability rights laws and court decisions in effect at the time of publication. Federal
and state disability rights law can change at any time. In addition, state and local
laws and regulations may provide different or additional protections. Materials are
intended solely as informal guidance, and are neither a determination of your legal
rights nor responsibilities under the ADA or other federal, state, and local laws, nor
binding on any agency with enforcement responsibility under the ADA. The accuracy
of any information contained herein is not warranted. Any links to external websites
are provided as a courtesy and are not intended to nor do they constitute an
endorsement of the linked materials.
English
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.^
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The ADA and Face Mask Policies > Southeast ADA Center
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23/23
NYU Langone Health MyChart - Letters
1/21/2021
44
Name: Aaron Abadi |
| MRN: 9141633 | PCP: Yelena Karasina, MD
Letter Details
EXHIBIT B
, NYU Langone
Health
Yelena Karasina, MD
NYU LANGONE AMBULATORY CARE WEST SIDE
355 WEST 52NDST
NEW YORK NY 10019-6239
Phone: 646-754-2100
Fax: 646-754-2148
December 3, 2020
Patient:
Mr. Aaron Abadi
Date of Birth:
Date of Visit:
To Whom it May Concern:
Mr. Aaron Abadi is suffering from extreme sensitivity to touch,mostly in the area of his
head.For this reason he is unable to wear face mask or face shield,and should not be
required to do so.
He has already recovered from COVID,and is not contagious.
Sincerely,
Yelena Karasina, MD
This letter was initially viewed by Aaron Abadi at 12/7/2020 9:41 AM.
MyChart® licensed from Epic Systems Corporation © 1999 - 2021
https://rnychart.nyulmc.org/mychart/inside.asp?mode=letters&id=1
1/1
45
AFTER VISIT SUMMARY
v NYU Langone
Health
Q 5/6/2021 3:30 PM 9 Preston Robert Tisch Center for Men's Health 646-754-2000
Aaron Abadi DoB:
instructions from Ian lustbader, MD
Today's medication changes
Accurate as of May 6, 2021 9:17 PM.
Review your updated medication list below.
oo
Pick up these medications at CVS/pharmacy #2716 Cor of Nassau 129 Fulton St, New York, NY
10038-2716 212-233-5021 212-233-7153
payment per fill: $0
Address:
Phone:
129 Fulton St, New York NY 10038-2716
212-233-5021
Labs ordered today
URINALYSIS (NO CULTURE) WITH REFLEX TO MICROSCOPY
Please complete by 5/6/2021
-a
Return in about 6 months
{around 11/6/2021) for repeat labs, review meds, renew meds, follow up symptoms.
Today's Visit
Aaron Abadi (MRN: 9141633) (CSN: 828823283) ♦ Printed by ILUST8I01] at 5/6/21 9:17 PM
Page 1 of 5 Epic
46
k
You saw Ian Lustbader, MD on Thursday May 6, 2021 for:
The following issues were addressed:
Sensory integration disorder
BMI
Blood Pressure
W 158/93
ff 28.05
Vli Pulse
Temperature (Oral)
i 98.3 °F
4
89
~p^P Weight
£3 211 lb 10.3 oz
Pl
3 Height
'! 6' 0.84"
Oxygen Salutation
m 98%
® Done Today
immunizations Given
What's Next
jul
New Patient Appointment with John G Zampella, MD
28
Wednesday July 28 1:30 PM
Please arrive 15 minutes prior to your appointment time.
Bring your insurance card and photo identification.
Bring your MD referral/pre-certification (if applicable).
Bring a copy of your medical records, recent test results (including
labs, X-ray, CT, etc,) that relate to the reason for your visit.
Bring the name and phone number of your primary and referring MD.
Be prepared to pay any co-payments or patient responsible balances
at the time of your appointment.
2021
Preston Robert Tisch Center for Men’s
Health
55S Madison Ave
New York NY 10022-3301
646-754-2000
Aaron Abadi (MRN: 9141633) (CSN: 828823283) • Printed by (LUSTBI01] at 5/6/21 9:17 PM
Page 2 of 5 E$p§C
47
Physical with Yelena Karasina, MD
Wednesday September 1 11:00 AM
Arrive 15 minutes prior to appointment.
NYU Langone Ambulatory Care West
Side
355 West 52nd St
New York NY 10019-6239
646-754-2100
oct
Follow Up Appointment with Ian Lustbader, MD
27
Wednesday October 27 4:30 PM
Arrive 15 minutes prior to appointment.
Preston Robert Tisch Center for Men's
Health
555 Madison Ave
New York NY 10022-3301
646-754-2000
sep
1
2021
2021
NYU Langone Health App & MyChart
• Download the NYU Langone Health app on the App Store or Google Play to stay connected to your care
anytime and anywhere.
• Sign in with your NYU Langone Health MyChart account username and password.
• You can schedule appointments, view test results, request prescription refills, send secure messages to your
providers, have a virtual urgent care visit, and more.
Aaron Abadi (MRN: 9141633) (CSN: 828823283) • Printed by [LUSTBI01] at 5/6/21 9:17 PM
Page 3 of 5
48
Your Medication List asofMay6,202i 9:17pm
r' —
|
|
® For your privacy, any medications your clinician marked as private are not included in this list This message
appears even if the list is complete. If you have any questions about a medication you don't see here, contact your
i
doctor. Always use your most recent med list
©
START
Access to Clinical Notes and Test Results
At NYU Langone Health, we believe that sharing information supports patients taking an active role in their health. In
support of this, clinical notes and test results are made available to patients in MyChart and the NYU Langone Health App,
as soon as they are available. This is in accordance with the 21st Century Cures Act, which is intended to give patients and
their healthcare providers secure access to health information. (www.healthit.Qov/curesrule)
This means that a patient may see test results before their health care provider does. If you do access your test results
right away, please keep in mind that some results may be hard to interpret without guidance from a health care
professional. All results will be reviewed by members of your care team. They will continue to follow-up with you as they
have done in the past.
Allergies as of 5/6/2021
No Known Allergies
if you feel that any of the information in this summary is inaccurate, please talk with your healthcare provider
Aaron Abadi (MRN: 9141633) (CSN: 828823283) • Printed by (LUSTBI01] at 5/6/21 9:17 PM
Page 4 of 5 E$&C
49
Information About Medication Safety
It is important to keep an updated record of the medications you are taking, and to bring this updated list of medications
every time you visit your Health Care Provider and when you come to the hospital. We want to help you in managing your
medications safely after your visit or discharge. This includes the potential side effects of your medications. If you have
any questions regarding the medications you are taking, please speak to your Health Care Provider or Pharmacist.
Have questions about your bills?
Our physician and hospital customer service representatives are available to answer any billing questions: https://
nyulangone.org/insurance-billing-financial-assistance
Physician Billing: 1 - 877 - 648 - 2964
Hospital Billing: 1 - 800 - 237 - 6977
Finding a Physician Within NYU Langone Health
As one of the nation's premier academic medical centers, NYU Langone Health is devoted to excellence in patient care,
education, and research. We are proud that our care team includes leading specialists for every condition.
Should you need assistance finding a physician or service, please visit us on our website at https://nyulangone.pjcq/
doctors.
To reach us by phone:
NYU Langone Physician Referral Services - (855) 314-2978
NYU Langone Orthopedic Hospital - (888) 453-3627
Family Health Centers at NYU Langone - (718) 630-7942
Additional resources include:
National Suicide Prevention Hotline - (800) 273-8255
NYC Suicide Hotline - (888) 692-9355
Aaron Abadi (MRN: 9141633) (CSN: 828823283) • Printed by [LUSTBI01] at 5/6/21 9:17 PM
Page 5 of 5 ^pto
>
AIRLINE LIST OF RESPONSES OR VIOLATIONS;
50
airline
Disabled can flv without a mask?
Demands
In violation of
Aer lingua
YES with doctor's letter
None
None
Aeroflot
Nope
Denied Access
ACAA, § 382.19
None
None
Aerolineas Argentina YES with doctor's letter
Air Canada
Denied Access
Medical form that passenger is
with complicated requirements, maybe medically able to fly
Air China
Nope
Denied Access
ACAA, §382.19
Air Europa
YES with doctor's letter
None
None
Air France
YES with doctor's letter
None
None
Air India
Nope
Denied Access
ACAA, §382.19
Air New Zealand
YES with doctor's letter
None
None
Air Serbia
YES with doctor's letter
None
None
Air Tahiti Nui
with complicated requirements, maybe updating dr letter
Air Transat
YES with doctor's letter
None
None
Alaska airlines
Questionable
no advance confirmation if can fly
§ 382.33 (a)
Allegiant Air
Nope
Denied Access
ACAA, §382.19
American Airlines
Nope
Denied Access
ACAA, §382.19
ANA All Nippon Ain YES with doctor's letter
None
None
Asiana airlines
Nope
Denied Access
ACAA, § 382.19
Austrian Airlines
Medical form that passenger is
with complicated requirements, maybe medically able to fly and Covid test
AVianca
Nope
Denied Access
ACAA, §382.19
Azerbaijan airlines
Nope
Denied Access
ACAA, §382.19
Azul Brazilian airlim Nope
Denied Access
ACAA, §382.19
British Air
Nope
Denied Access
ACAA, § 382.19
Brussels airways
YES with doctor's letter
None
None
Cathay Pacific airwa Nope
Denied Access
ACAA, § 382.19
China Eastern Airlin Nope
Denied Access
ACAA, §382.19
China Southern Airli Nope
Denied Access
ACAA, §382.19
COPA Compania Pat YES with doctor's letter
None
None
Delta
Questionable
no advance confirmation if can fly
§ 382.33 (a)
Egyptair
Nope
Denied Access
ACAA, § 382.19
ELAL
YES with doctor's letter
None
None
Emirates
Nope
Denied Access
ACAA, § 382.19
Ethiopian Airlines
YES with doctor's letter
None
None
Aeromexico
Nope
ACAA, §382.19
ACAA, § 382.23 (a).
§ 382.33
§ 382,33 & 382.23 (a)
AIRLINE LIST OF RESPONSES OR VIOLATIONS;
*
51
s
Demands*
In violation of
Nope
Denied Access
ACAA, § 382.19
Eva Airways
Nope
Denied Access
ACAA, § 382.19
Finnair
Medical form that passenger is
with complicated requirements, maybe medically able to fly and Covid test
Frontier
Nope
Hawaiian Airlines
Iberia Airlines
no advance confirmation if can fly
Medical form that passenger is
medically able to fly & advance
with complicated requirements, maybe notice
Icelandair
YES with doctor’s letter
None
None
Japan Air Lines Co
YES with doctor’s letter
None
None
JetBlue
Nope
Denied Access
ACAA, § 382.19
Kenya Airways
Nope
Denied Access
ACAA, § 382.19
KLM
YES with doctor's letter
None
None
Korean Air Lines
Nope
Denied Access
ACAA, § 382.19
Kuwait Airways
Nope
Denied Access
ACAA, § 382.19
LATAM .
Medical form that passenger is
with complicated requirements, maybe medically able to fly
Lot Polish Airlines
Nope
Denied Access
ACAA, § 382.19
Mokulele Airlines
Nope
Denied Access
ACAA, §382.19
Philippine Airlines
Nope
Denied Access
ACAA, § 382.19
Porter Airlines
Medical form that passenger is
with complicated requirements, maybe medically able to fly
ACAA, § 382.23 (a).
Qatar Airways
Medical form that passenger is
with complicated requirements, maybe medically able to fly
ACAA, § 382.23 (a).
airline
Disabled can fly without a mask?
Etihad
'
§ 382.33 & 382.23 (a)
ACAA, § 382.19
Denied Access
Questionable
§ 382.33 (a)
§ 382.25 & 382.27 (a) & 382.23(a)
ACAA, § 382.23 (a).
Denied Access
ACAA, § 382.19
Medical form that passenger is
medically able to fly & Vaccine card
§ 382.33 & 382.23 (a)
Royal Jordanian Airl with complicated requirements, maybe & negative Covid Test
Royal Air Maroc
Nope
SAS
Medical form that passenger is
with complicated requirements, maybe medically able to fly
Silver Airways
Nope
Denied Access
ACAA, § 382.19
Singapore Airlines
Nope
Denied Access
ACAA, § 382.19
Southwest
Nope
Denied Access
ACAA, § 382.19
Spirit Airlines .
Nope
Denied Access
itr
medically able to fly & advance
notice & negative Covid Test &
Sun Country Airline? with complicated requirements, maybe more
Swiss Air
Medical form that passenger is
with complicated requirements, maybe medically able to fly and Covid test
ACAA, § 382.23 (a).
ACAA, § 382.19
Most sections
§ 382.33 & 382.23 (a)
AIRLINE LIST OF RESPONSES OR VIOLATIONS;
Demands
52
In violation of
airline
Disabled can fly without a mask?
TAP
Medical form that passenger is
with complicated requirements, maybe medically able to fly and Covid test
Turkish Airlines
Nope
Denied Access
ACAA, § 382.19
United
Nope
Denied Access
ACAA, § 382.19
Virgin Atlantic
YES with doctor’s letter
None
None
Viva Air
Nope
Denied Access
ACAA, §382.19
Volaris Airlines
Nope
Denied Access
ACAA, § 382.19
§ 382.33 & 382,23 (a)
53
©
U.S. Department of
Transportation
GENERAL COUNSEL
1200 New Jersey Ave., S.E.
Washington, DC 20590
Office of the Secretary
of Transportation
January 25, 2021
Mr. Aaron Abadi
82 Nassau Street, 140
New York, NY 10038
Dear Mr. Abadi:
This letter is in further reference to your disability complaint regarding American Airlines. We were sorry
to hear of the incident and appreciate the opportunity to advise you of the outcome of our
investigation. Enclosed you will find an Investigation Summary Sheet that details the results of our
investigation, which was based on the Air Carrier Access Act (ACAA), 49 U.S.C. Section 41705, and our
implementing rule, 14 CFR Part 382.
In particular, the Investigation Summary Sheet identifies the applicable section of 14 CFR Part 382,
provides a brief summary of that section and explains this office's view on whether the carrier has
violated the ACAA and 14 CFR Part 382. If your complaint raises more than one disability issue, an
additional Investigation Summary Sheet has been attached to address each issue.
If we believe the complained of incident involves a violation, the Investigation Summary Sheet indicates
the action that we plan to take. We will either pursue formal enforcement action or by copy of this letter
notify the airline specified in your complaint of our determination and warn it that any similar incidents
could lead to formal enforcement action. Generally, we will pursue enforcement action on the basis of a
number of complaints from which we may infer a pattern or practice of discrimination. However, where
one or a few complaints describe particularly egregious conduct on the part of a carrier and those
complaints are supported by adequate evidence, we will pursue enforcement action as our resources
permit. If we decide to seek enforcement action against the airline, your complaint will be among those
considered in the context of this action, which may lead to the issuance of a cease and desist order and
to the assessment of civil penalties. In the event that this enforcement action leads to litigation, it is
possible that we may need sworn statements or witnesses for a hearing. We will advise you if, in fact,
we need your further help.
For your information, in an enforcement case, the U.S. Department of Transportation is limited to issuing
cease and desist orders and assessing civil penalties not to exceed $34,174 per violation. Such action
can only be accomplished through settlements or formal hearings before administrative law judges. We
cannot order compensation for aggrieved parties. To obtain a personal monetary award of damages, a
complainant would have to file a private legal action that may be based on private contract rights or on
civil rights statutes that provide for a private right of action.
If we have insufficient evidence or it appears that the airline specified in your complaint has not violated
the ACAA, we will not pursue enforcement action. Notwithstanding our decision not to pursue
enforcement action, however, private legal action may be pursued in the courts based on private contract
rights or on civil rights statutes that provide for a private right of action and, in such a proceeding,
monetary damages may be sought.
Regardless of whether the airline has been determined to have violated the ACAA, we have entered your
complaint in our computerized industry monitoring system, and the carrier's ACAA complaint totals in our
54
monthly Air Travel Consumer Report reflect your complaint. Our monthly report is made available to the
aviation industry, the news media and the general public so that both consumers and air travel
companies can compare the overall complaint records of individual airlines, as well as the number of
disability complaints filed against particular carriers. This system also serves as a basis for rulemaking,
legislation, and research.
Moreover, we also routinely monitor our complaint records to determine the extent to which carriers are
in compliance with the ACAA and to track trends or spot areas of concern which we feel may warrant
further action. This ongoing process also enables us to ensure prompt corrective action whenever we
determine that an airline's policies or procedures are not in compliance with our ACAA regulations. Your
complaint will be among those considered in the context of this overall process.
I hope this further information is useful. Thank you again for taking the time to contact us.
Sincerely,
Livaughn Chapman, Jr.
Deputy Assistant General Counsel
for Aviation Consumer Protection
By: Robert Gorman
/s/
Senior Attorney
Enclosures
cc: American Airlines
55
GENERAL COUNSEL
U.S. Department of
Transportation
Office of the Secretary
of Transportation
1200 New Jersey Ave., S.-E.
Washington, DC 20590
INVESTIGATION SUMMARY SHEET
Case Number:
AT2019010090
Complainant Title:
MR.
Name:
AARON ABADI
Address:
82 NASSAU STREET, 140
NEW YORK, NY 10038
Passenger(s):
Aaron Abadi
Airline:
American Airlines
Travel Date(s):
1/28/2019
Flight Number(s):
AA 1638
City Pair:
RSW-CLT
Location of Incident:
Charlotte International Airport
Complaint/Issue:
Preboarding
Applicable Section of
14 CFR Part 382:
382.93
Section Summary:
382.93
As a carrier, you must offer preboarding to passengers with a disability
who self-identify at the gate as needing additional time or assistance to
board, stow accessibility equipment, or be seated.
Rule Violated?
Yes
Remarks:
In the January 31, 2019, complaint against American Airlines
(American), Mr. Abadi states that he did not receive preboarding
assistance. Mr. Abadi describes that he has a knee disability and was
provided wheelchair assistance to the departure gate. Mr. Abadi
explains that he requested preboarding at the counter before boarding
began for his flight. He states that he was advised that he could board
any time after group one. Mr. Abadi states that he complained to a
customer service agent who initially advised him as the counter agent
did that he could board after group one. However, he states that the
customer service agent later stated otherwise. He concludes that a
56
boarding agent assisted him to board once the aisle was clear onboard.
In its response dated February 28, 2019, American stated that
Mr. Abadi should have been provided the opportunity to pre-board when
he approached its counter agent. American stated that it was in
violation of Part 382 in this instance.
Pursuant to Section 382.93, carriers must offer preboarding to
passengers with a disability who self-identify at the gate as needing
additional time or assistance to board, stow accessibility equipment, or
be seated.
Here, based on the information provided and American's own
admission, we find that American violated Part 382 in this
case. Mr. Abadi requested preboarding due to his disability but it was
not provided. If we decide to seek enforcement action against American
with respect to this issue, this complaint will be among those
considered, which may lead to the issuance of a cease and desist order
and the assessment of civil penalties. The carrier is warned in this
instance.
57
Secure Message
Sent Date: 09/05/2021 01:13 AM
From: Department of Labor
To: AARON ABADI
Priority: NORMAL
Subject: End of Unemployment Benefits
Dear AARON ABADI:
This letter is proof that you have received all regular Unemployment Insurance benefits available on your
current claim. This means you have received the maximum 26 weeks (104 effective days) of benefits on
your claim with a benefit year ending 03/14/2021.
You cannot receive any more regular Unemployment Insurance benefits on this claim. Please note that
there are no extensions of Unemployment Insurance benefits available beyond 26 weeks.
We encourage you to continue working with your local New York State Career Center to find a job.
To find your closest Career Center, go to http://labor.ny.gov/career-center-locator/ [http://labor.ny.gov/
career-center-locator/] or call our Contact Center at 1 -888-4 NYSDOL (1-888-469-7365). Services
offered include:
* Help with resume writing and interviewing skills;
* Career advice and guidance;
* Skills assessments to help determine jobs you might be suited for;
* Job-hunting workshops;
* Information about jobs available in a particular area or industry (labor market information);
* Job referrals and;
* Information about training opportunities and referrals to training when appropriate.
Career Services are available at no charge to you.
We also recognize that the ending of your Unemployment Insurance benefits may create a
serious financial hardship for you and your family. Please go to www.mybenefits.ny.gov [http://
www.mybenefits.ny.gov] to see what programs may be available to help you with food, shelter, health
insurance and other needs.
For the Commissioner of Labor,
By: Unemployment Insurance Division
58
aa@negxom
From:
Sent:
To:
Attachments:
aa@neg.com
Monday, November 1, 2021 12:02 AM
alex.taday@dot.gov
ABADI V DOT Appeal petition to review 2nd C.pdf
Dear Mr. Taday,
I just filed the attached petition in the 2nd Circuit Appellate Court in NY, for the court to review the DOT failure to act
regarding mask disabilities and the fact that the airlines have been discriminating against us and our disabilities. I'm
certain that you're working hard and possibly overwhelmed by the amount of blatant disregard the airlines have had
and continue to have to the ACAA laws and the office that you head, and its jurisdiction.
I want to be very clear with you. I appreciate what you and your team do. The reason that I filed this, is because I do
not think the DOT is set up properly to handle a situation of this magnitude, and I have asked the court to weigh in on
this question.
My only goal here is to resolve these issues.
As I mention in the petition, to understand my point, try to imagine if for
some reason all airlines decided to discriminate against a specific race or religion, and
refused to allow them to fly, wouldn't the DOT be expected to do something immediately
and not just put it into the same multi-year queue as all other simpler cases?
I'm open to discuss and try to figure out a resolution to these issues, if we can.
Otherwise, I look forward to the Judge's determination and decision.
Once again, thank you for the work you do to help the disabled.
May God bless you!
Aaron Akadi
Cell 516-639-4100
l
59
aa@neg.com
From:
Sent:
To:
Subject:
Attachments:
Saturday, January 29, 2022 11:45 AM
Taday, Alex (OST)
Southwest Airlines Complaints - Status Check
2022-0104 Southwest Airlines Official Response.pdf
Mr. Taday,
I'm checking on the status of the numerous complaints that I've filed related to Southwest Airlines. Since the entry of
the violation notice where DOT indicated that no penalty action was taken against Southwest Airlines because they
amended their policy, Southwest has continued with the very same discriminatory behavior related to any flights I've
requested despite my legitimate ADA classified disability that prevents me from being medically able to wear and
tolerate a facial covering. When will your office get around to actually doing something related to these complaints?
I've attached the latest response from Southwest to most of my complaints where they even admit to violating ACAA
and attempt to justify the violations by stating that the CDC has said they can do it. Sorry, that's just not how law
works. Apparently they think they are above the law. But at the end of the day, it appears the responsibility to correct
these illegal acts is in the hands of your office! So why is your office not able to protect the civil rights of the disabled
in the United States?
Thank you.
Sent with ProtonMail Secure Email.
l
Firefox
https://mail.protonmail.eom/u/0/a11-mail/j9sGSaDKSrSr9BBls96iwSM...
.
60
Southwest Airlines Response to your Inquiry (Case #33242982)
From: Southwest Airlines <no-reply@southwest-communications.com>
To:
Date: Tuesday, January 4th, 2022 at 4:49 PM
F
Southwests
Dear!
We received your emails, completed mask exemption applications, and a copy of your
correspondence to the Department of Transportation Office of Aviation Enforcement and
Proceedings, as well as your correspondence to the Virginia State Attorney General which were
both forwarded to our office.
The Centers for Disease Control (CDC) has made clear that appropriately worn masks reduce the
spread of COVID-19—particularly given the evidence of pre-symptomatic and asymptomatic
transmission of COVID-19. Per?Department of Transportation (DOT) regulation (14 CFR §382.21),
a Passenger with a communicable disease or infection, such as COVID-19, may pose a direct
threat to the health and safety of others onboard an aircraft.?
As you are aware, Southwest began requiring that Customers wear masks (with some exceptions)
on May 11, 2020, and adopted a strict enforcement policy with only children under two being
excepted on July 27, 2020.
On January 29, 2021, a federal mask mandate was issued - the Centers for Disease Control and
Prevention (CDC) issued an order requiring that passengers and employees wear masks on
airplanes and in the airport. This federal mask mandate took effect on February 1,2021, and
currently remains in effect through March 18, 2022.
Per the federal mask mandate, each person (ages 2 and over) must wear a mask at all times in the
airport and throughout the flight, including during boarding and deplaning. Refusing to wear a mask
is a violation of federal law and may result in denial of boarding, removal from the aircraft, and/or
penalties under federal law.
As of March 21,2021, and in accordance with the federal mask mandate, Southwest has an
exemption policy in place for passengers with disabilities who are unable to wear a mask due to
their disability.
As permitted by the CDC Order and DOT Notice, Southwest has imposed the requirements and
conditions listed on our web site. Some of these conditions include (a) may require a medical
consultation by a third party; and (b) medical documentation by a licensed medical provider. Indeed
our exemption process requires that Customers submit an application and physician's note at least
seven days prior to travel, and we approve exemption requests on a case-by-case basis based on
guidance from a third-party medical provider.
Southwest is fully aware of all laws and regulations protecting passengers with disabilities. We are
active in the airline industry in sharing best practices about how best to accommodate passengers
with disabilities. I also want to assure you that Southwest Airfines strictly prohibits discrimination of
any form.
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61
We understand you are disappointed with our previous denials of your mask exemption applications
on May 21,2021, and October 21,2021. Specific to your May 21 application, the reason(s)
provided for your not being able to wear a mask were nonspecific. Your updated mask exemption
application sent on October 21,2021, references Tourette’s Syndrome (as do your subsequent
mask exemption applications). We confirmed with our third-party medical provider that Tourette’s
Syndrome does not qualify someone for an exemption to the federal mask mandate. As our
decision was based on Safety, we did not fail to comply with federal regulations in either case.
With this in mind, Southwest again conducted an individualized assessment of the information
provided by you in (a) and (b) above with respect to the updated, completed mask exemption
applications you sent us on November 28, 2021, and December 19, 2021. The mask exemption
application you sent on December 24, 2021, did not include the required physician’s letter, but we
understand you included it in prior applications. We regret to inform you that our third-party medical
provider has concluded that you still do not qualify for a disability-based exemption. As such, we
cannot transport you at this time if you are unable to wear a mask. We apologize for any
inconvenience.
Along these lines, and as we have explained previously, to ensure that only qualified persons are
granted exemptions to travel without a mask, the CDC Order allows airlines to impose certain
requirements or conditions on a person seeking an exemption from the mask requirement. The TSA
Security Directive made clear that "this is a narrow exception” and CDC guidance states this
exemption “is not meant to cover persons for whom mask-wearing may only be difficult or whose
disability does not prevent them from wearing a mask or wearing a mask safely.” Further, “Persons
who experience discomfort or anxiety while wearing a mask without imminent threat of harm would
not qualify for this exemption." Accordingly, Southwest is careful to approve mask exemptions only
for those who meet the strict criteria set forth in the CDC Order. We are not failing to comply with
federal regulations in this regard.
We agree that, as a default, an airline cannot ask for advance notice from a passenger with a
disability, in order to travel. However, one of the conditions allowed by the CDC Order (federal mask
mandate) is that persons seeking an exemption from the requirement to wear a mask may have to
request an accommodation in advance. As permitted by the CDC Order, Southwest does request
that Customers submit an application in advance. We are not failing to comply with federal
regulations in this regard.
We do not require passengers seeking a mask exemption, or passengers whose mask exemption
applications have been approved, provide a medical certificate in order travel. We are not failing to
comply with federal regulations in this regard.
Although allowed by the CDC Order, Southwest does not currently require that a person with a
mask exemption travel at less crowded times, travel on less crowded conveyances, or sit in a
specific area of the cabin. We are not failing to comply with federal regulations as such.
As allowed by the CDC Order, we do require passengers who have been approved for a mask
exemption submit a qualifying COVID-19 test prior to scheduled departure. Again, this decision is
based on Safety, and that a passenger with a communicable disease or infection, such as
COVID-19, may pose a direct threat to the health and safety of others onboard an aircraft. We are
not failing to comply with federal regulations in this regard.
Bottom line, I understand this is disappointing. Should a customer purchase tickets for travel while
the mask mandate remains in effect and they are not approved for an exemption from the mask
mandate, we will refund their tickets on request. Our records indicate that you currently do not have
travel booked with us for a future flight, and have not had travel booked with us in the past which
was canceled as a result of the mask mandate and/or your mask exemption application.
Regardless, I am sorry for your continued frustration.
As much as anyone else, we are eager for things to get back to “normal,’’ and we ask for your
patience as we all work together to get there.
Sincerely,
Elena Scott
Senior Specialist, Customer Advocacy
Southwest Airlines
The case numbers for your emails are 33242982, 33344713, 34418636, 35387339, 36600698,
36870157, and 36744456. This email is being sent from a "no-reply" email address. You may
2 of 3
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62
follow-up with us on our website. Additionally, although you have already done so, by law, I'm
required to inform you that should you wish to pursue this matter further, you may contact the U S.
Department of Transportation.
southwest.com | FJJght | Hotel | Car | Rapid Rewards | Travel Tools
This is a post-only mailing from Southwest Airlines. Please do not attempt to respond to this message.
Southwest Airlines
2702 Love Field Drive
Dallas, TX 75235
Copyright 2020 Southwest Airlines Co. All Rights Reserved.
••••* Confidentiality Statement/Disclaimer ***** This message and any attachments are intended for the sole use of the
intended recipient. It may contain confidential information. Any unauthorized use, dissemination, or modification is strictly
prohibited, ff you are not the intended recipient please notify the sender immediately, and delete this email from all your
systems; do not copy, use, or print. Internet communications are not secure, and it is the responsibility of the recipient to
make sure that they are virus exempt. The company/sender cannot be responsible for any unauthorized alterations or
modifications made to the contents. If you require any form of confirmation of the contents, please contact the
company/sender. The company/sender is not liable for any errors or omissions in the content of this message.
ref:_00Df43k1z._5005GriPAD:ref
3 of 3
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63
SAMPLING OF AIRLINE DISCRIMINATIONS
abadi.rne@gmail.com
From:
Sent:
To:
Cc:
Subject:
Attachments:
Tatsiana Karalevich <TKaralevich-x@aeroflot.ru>
Wednesday, November 24, 2021 2:59 PM
ABADI.RNE@GMAIL.COM
alex.taday@dot.gov
AT2021110006 - (AARON ABADI) MG2300
AT2021110006_2_ES.pdf; AT2021110006_1_ES.pdf
Dear Mr. Abadi,
On January 29, 2021, the Centers for Disease Control and Prevention (CDC) issued an order
requiring carriers to “transport only persons wearing masks” and to “use best efforts to ensure that masks are
worn when embarking, disembarking, and throughout the duration of travel. The CDC Order included an
exception for “a person with a disability who cannot wear a mask, or cannot safely wear a mask, because of the
disability as defined by the Americans with Disability Act (42 U.S.C. 1201 et seq). ”
The CDC Order also states:
This is a narrow exception that includes a person with a disability who cannot wear a mask under this
exception.
The following narrow subset of persons with disabilities are exempt from CDC’s requirement to wear a mask:
A person with a disability who, for reasons related to the disability, would be physically unable to remove a
mask without assistance if breathing becomes obstructed. Examples might include a person with impaired
motor skills, quadriplegia, or limb restrictions.
A person with an intellectual, developmental, cognitive, or psychiatric disability that affects the person’s ability
to understand the need to remove a mask if breathing becomes obstructed.
The following persons with disabilities might be exempt from CDC’s requirement to wear a mask based
on factors specific to the person:
A person with a disability who cannot wear a mask because it would cause the person to be unable to breathe or
have respiratory distress if a mask were worn over the mouth and nose. A person with a condition that causes
intermittent respiratory distress, such as asthma, likely does not qualify for this exemption because people with
asthma, or other similar conditions, can generally wear a mask safely.
A person with a disability requiring the use of an assistive device, such as for mobility or communication, that
prevents the person from wearing a mask and wearing or using the assistive device at the same time. If use of
the device is intermittent and the person can remove the mask independently to use the device, then a mask
must be worn during periods when the person is not using the device.
A person with a severe sensory disability or a severe mental health disability who would pose an imminent
threat of harm to themselves or others if required to wear a mask. Persons who experience discomfort or anxiety
while wearing a mask without imminent threat of harm would not qualify for this exemption.
Order: Wearing of face masks while on conveyances and at transportation hubs I Quarantine I CDC
Based on the evidence provided, we shall conclude that the condition described by you is not sufficiently severe
to qualify for an exemption and enable you to travel without wearing a mask. We also conclude your complaint
does not indicate Aeroflot violated any requirement specified in part 382 of the Department of Transportation
Regulations. Although we assume you already know this since you have already complained to the Department
of Transportation, we also advise you that you can file a complaint with the Department of Transportation.
l
64
We apologize for the inconvenience.
Kind regards,
Tatsiana.
Ot: alex.tadav@,dot.gov
^aTa: 5 HoaSpa 2021 r. b 11:27:26 GMT-4
KoMy: nyctosu <nvctosu@aeroflot.ru>. 3ejieHHH Ba^HM OjieroBKu <vzelenin@aeroflot.ru>
Komia: alex.tadav@dot.gov
TeMa: AT2021110006 - (AARON ABADI) MG2300
BHELUHRR HOMTA:
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KOH<t)MfleHUManbHyto MH^iopMaumo w HHKorfla He BBOflHTe cboh KopnopaTMBHbiii norwH m napo/ib.
EXTERNAL EMAIL:
If the sender is unknown, do not click on links/attachments.
Never give out confidential information, especially your corporate user ID or password.
Dear Customer Relations Official:
Enclosed is a copy of a letter this office recently received. I am forwarding it to you because it
requires immediate attention and involves disability issues which may be covered by the Air
Carrier Access Act (ACAA). The complainant has been advised of this referral.
Within 30 days of the date of this letter, please send a dispositive written response directly to the
complainant, and provide me with a copy of your reply. This is to place you on notice that, in
accordance with the ACAA, as amended on April 5, 2000, by the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (Air 21), we must investigate each disabilityrelated complaint we receive, which could include an on-site examination of records and
procedures at your company. Your response to the enclosed complaint should specifically
address the facts alleged in the complaint, agree or deny that a violation occurred, and provide
any other relevant mitigating or explanatory material.
In the event that we disclose information to your office in the course of this investigation,
including information that if released to an unauthorized third party could reasonably be
expected to constitute an unwarranted invasion of personal privacy, your office should maintain
the confidentiality of such documents. Such documents could include, but are not limited to,
personnel records, medical condition descriptions or records, or names and addresses of parties
or witnesses.
In your response to this office, please include copies of any correspondence received or sent by
the carrier relating to the incident at issue, including any correspondence under 14 CFR 382.155,
as well as any relevant documentation prepared by the carrier or any of its employees regarding
the incident at issue.
As you are aware, 382.155 of our regulations outlines the requirements for dispositive airline
responses to disability complaints, which an airline receives, that are postmarked 45 days or less
from the incident in question. Such responses re required to state whether or not the carrier
believes that the complaint constitutes a violation of the regulation. If the carrier agrees that a
violation has occurred, the carrier must state what corrective action has been taken. If the carrier
denies that a violation has occurred, the response must include a summary of the facts and the
2
65
carrier's reasons justifying that determination. The failure to provide a dispositive response as
required by 382.155 could itself lead to enforcement action. However, notwithstanding whether
that section applies to the enclosed complaint, your response to this letter is needed for our
investigation of this matter, as mandated by Air 21. Any failure to respond voluntarily to this
complaint, or any other disability complaints referred by our office, could lead to further legal
action.
In addition, please be aware that when submitting material to the Department that you wish to
remain confidential, you should request confidential treatment of the material and reference 14
CFR 302.12, which governs public disclosure of information. We have been recently advised
that certain material received during the course of an investigation may be subject to release
under the Freedom of Information Act during the investigation. While we cannot guarantee that a
confidentiality request will be fully honored, such a request will ensure that you will receive the
advantage of this regulation and get notice before any covered material is released.
Sincerely,
Alexander A. Taday III
Director of Civil Rights Advocacy
Office of Aviation Consumer Protection
US Department of Transportation
|Case Number: AT2O21110006
Consumer Information
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Complaints Information
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Complaint CodeCarrier NameFlight DateFlight itinerary
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Description of Problem/Inquiry
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I have a medical disability, specifically a sensory integration disorder, and I cannot wear a mask npeAnonaraeMoro nony^aTenn,
or a face shield. I notified the airline with a copy of a doctor’s letter attesting to my inability to
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wear a mask. Additionally, the doctor's letter attests to the fact that I already had Covid in
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2020. CDC very clearly states that "Covid reinfection is rare," and therefore, I do not pose a
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significant health risk. The airline emailed me on September 20, 2021 that I cannot fly with
PRIVACY NOTICE:
them without a mask. This is frustrating and unfair. As a disabled person they're required to
The information transmitted is
accommodate me. This is blatant discrimination against me due to my disability. The DOT made intended only for the person or
it very clear to all the airlines that they must honor such exemptions, but seemingly this airline entity to which it is addressed and
may contain confidential material.
does not care. There is no itinerary listed, as I am waiting to be approved to travel before
Any review, retransmission,
paying money to book tickets.
dissemination or other use of, or
Inquirer Type
Name
Address
Office
Phone
E-mail Address
Home
Phone
taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please
contact the sender and delete the material from any computer.
3
66
abadi.rne@gmail.com
From:
Sent:
To:
Cc:
Subject:
Customer Care <CustomerCare.servicec!ient@aircanada.ca>
Friday, November 12, 2021 4:36 PM
Aaron Abadi
Alexander Taday
RE: [EXT] Re: AT2021110008 - (AARON ABADI) MZ2300 AC000192000006144
Dear Mr. Abadi,
Thank you for the follow-up email. I am truly sorry you remain dissatisfied with Air
Canada.
Although there is little more I can add to my initial explanation, I understand your
disappointment.
To look after the special needs of customers, we have specially trained agents at our Call
Centre Medical (MEDA) desk. We ask that you contact them directly regarding your
request for mask exemption. Please note, the medical certificate must be completed - at
https://www.aircanada.com/content/dam/aircanada/portal/documents/PDF/en/covidmedical-certificate-en.pdf. As well, there is a requirement to provide a negative COVID19 test; the test must be taken within 72 hours of each flight departure.
You can contact MEDA at the following:
Phone:
1-800-667-4732 (toll-free for Canada and the United States)
1-514-369-7039 (long distance charges apply)
Hearing Impaired (TTY) Reservations:
1-800-361-8071 (toll free)
Fax:
1-888-334-7717 or 514-828-0027 (Canada and the United States)
Email:
acmedical@aircanada.ca
We would like to thank you, once again for contacting us, Mr. Abadi. We recognize we
did not leave you with a favourable impression on this occasion but we look forward to
an opportunity to provide you with a more positive customer service experience in the
future.
We appreciate this opportunity to review your concerns.
67
Sincerely,
MaryAnn Hough
Customer Relations
ET
To serve you best, I kindly ask that you do not change the subjec
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.