Anti-mask protesters are trying to commandeer US disability laws to get into stores without face coverings

• Anti-mask protesters in the US are trying to avoid government rules by commandeering US disability laws.
• A document on social media advises people to say they have a disability which a mask may impact, and that they are not required to disclose their disability to store owners.
• The document says their rights are protected by the Americans with Disabilities Act. The legal basis is weak.
• ADA states that disabilities must be accommodated for, apart from when there is "a significant risk to the health or safety of others."
• The COVID-19 pandemic is the worst health disaster to hit the US. 91,985 people have died.
• If an anti-mask protester wanted to sue a store under ADA for refusing them entry, they would only be entitled to if they were genuinely disabled.
• Visit Insider's homepage for more stories.

Anti-mask protesters in the US are trying to dodge orders forcing them to wear face coverings — claiming immunity under laws written to protect the rights of disabled people.

As the coronavirus outbreak worsened in April, compulsory mask-wearing was introduced in stores, on transport networks, and in other public places across the US.

As of May 18, at least 13 states are under compulsory orders, ranging from total coverage to public transport, according to Masks4All, a group founded by a collection of US-based scientists.

But some people are refusing to comply with the directives.

Instead, they are turning to a convoluted and dubious legal guide circulating on social media that claims to give them a free pass.

The claim that the tactics constitute a legal basis for not wearing a mask has been rated "mostly false" by the fact-checking website Snopes.

Here's what's happening:

• According to the guide, if confronted by store management you should say you have a medical condition which means you can't wear a mask.
• The document cites two laws which it says means people can say they are "not required to disclose my medical conditions."
• The laws in question are the Health Insurance Portability and Accountability Act (HIPAA) and the Americans with Disabilities Act (ADA). Their purpose is to protect the rights of some 61 million Americans with disabilities.
• The letter goes on to warn of financial consequences for those who violate ADA.
• "Organizations and businesses can be fined up to $75,000 for the first ADA violation and $150,000 for any subsequent violation," the document says.

It is true that Americans are not obligated to disclose medical conditions, and that the ADA demands that businesses should always try to accommodate people's conditions.

However, the ADA say that this does not apply in the cases where the health or safety could be compromised by a "direct threat."

According to the ADA, a direct threat is "a significant risk to the health or safety of others that cannot be eliminated by a modification of policies."

The coronavirus — which as killed 91,985 Americans and infected more than 1.5 million — would likely qualify.

If someone who is refused entry to a store wants to sue the store under the ADA, the law will only apply to those who have registered disabilities under ADA.

Anti-mask protesters without real disabilities would not be covered, Snopes said.

The online guide started to gain traction in late April.

James Marter, a Republican Party candidate in the 14th district of Illinois, was an early distributor, posting it to his Facebook page on May 3.

In a popular online video, posted first to Reddit, a woman identifying herself as Shelly Lewis films herself trying out the tactic at a Gelson's supermarket in Dana Point, California.

—Khary Penebaker (@kharyp) May 17, 2020

"I have a condition for which I cannot wear a mask. I do not need to divulge it," Lewis tells the store manager, who then refuses her entry unless she puts on a mask.

"You're being discriminate against me," Lewis says. "You are infringing on people's rights."

Insider contacted the US Health and Human Services and the Department of Justice for comment, but is yet to receive a response.

A second document, also circulating on social media, provides added tips on how to avoid compulsory face mask wearing.

—Vladislav Davidzon #ReopenAmerica (@ecovladislav) May 18, 2020

On Tuesday, the Chicago Bagel Authority tweeted a letter from a customer who had tried the tactic at one of their outlets on May 16, without success.

—CBA - Chicago Bagel Authority (@eatcba) May 19, 2020

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