The COVID-19 pandemic

[danbrotherston]

If you claim an exemption from some policy based on a supposed disability, the business manager/owner is allowed to ask you what your disability is and the extent of it in order for them to, in good faith, come up with a "reasonable accommodation" for you. In the current context of covid-19 and wearing masks in stores, that could be giving you a transparent face-shield to wear while inside, or asking what you wish to purchase and bringing it to you outside.

If you refuse that reasonable accommodation, the business is under no obligation to let you in mask- or shield-free. Also, my understanding is that if you refuse to divulge the nature of your disability in order to allow the business to come up with that reasonable accommodation, they also have no obligation to let you in. In both cases, no legal liability attaches to the business that would allow them to be charged under any law, or for you to sue them, successfully in civil court. You'd have to show that the request for you to divulge the nature of your disability was not made in good faith, like if they had no intention of reaching a reasonable accommodation.

The point is that claiming a disability is not a carte blanche for people to ignore or follow rules at their leisure and that the law consistently enshrines things like "good faith" and "reasonable accommodation" in the AODA, OHRC, and beyond that have well-known, long-standing interpretations behind them.

This would work if the business owner and subsequent staff were on board and willing to enforce the rules.  Businesses can put rules into place for safety reasons, even if they may be otherwise discrimitory. (IE. Helicopter rides require passengers be below a certain weight or buy multiple seats based on weight.  This is due to the weight restrictions.  Same for height/weight restrictions at amusement parks).

That being said, I feel compassion for the business owner who is being forced to enforce the rule.  Yes, you can ask to have the customer put on a mask, even refuse service, but as we have seen from countless videos south of the border, there is an inherent risk of verbal and/or physical abuse that may follow.  I can see many business owners (for the safety of their employees) stand back from creating controversy.  

On a side note, what is a reasonable reason why someone cannot wear a mask?  I get that they might slightly restrict airflow, but they aren't duct tape either.  If such a small airflow difference can be so detrimental, should this be the same person who shouldn't be in public during a respitory virus  outbreak?

Coke

Just to be clear, the bylaw as passed makes no requirement for businesses to enforce it.

Frankly, I think many of the reasons are dubious, but it depends on the masks. We have disposable paper masks, they have almost zero effect on my ability to breath, but I've heard others wearing different types of masks have more difficulty.  That being said, you're right, anyone who has a legitimate breathing issue which would limit their ability to wear masks (and this is like <1% of the population) should be begging for this bylaw because COVID would be an almost certain death sentence for them.

There will be lots of people however, who honestly, or dishonestly, confuse discomfort/something new as "I medically can't breath". This is especially true given people's emotional response to wearing a mask and inability to understand their bodies response to an emotional experience.