Are There Exceptions to Face-Mask Requirements?

(From American Libraries, By Mary Minow)

(We are posting a few excerpts from the article here; you can read the entire thing here.)

“If a library has a policy requiring users to wear face masks, how do patrons with disabilities that directly conflict with mask-wearing use the library?

Reasonable modifications to mask requirements may include:

• allowing a person to wear a scarf, loose face covering, or full-face shield
• allowing curbside pickup or no-contact delivery in a timely manner
• offering phone or video appointments

There are three reasons a state or local government agency or private library may not have to provide a reasonable modification under the ADA:

• Fundamental alteration. A library may not have to provide a reasonable modification if the modification would change the nature of the service, program, activity, goods, services, or facilities. A fundamental alteration is a change to such a degree that the original program, service, or activity is no longer the same. An example would be a request for home delivery when the library does not already offer that service.
• Undue burden, such as a significant difficulty or expense. This could include a request to visit the library before or after its regular hours, as it would place an undue burden on limited staff.
• Direct threat, or a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. If an individual with a disability poses a direct threat despite reasonable accommodation, they are not protected by the ADA.

In order to limit a direct threat around COVID-19, state and local government agencies and businesses may:

• develop policies and procedures to promptly identify and isolate patrons with symptoms of COVID-19
• offer face masks to patrons (public libraries should include a free option)
• inform library users about symptoms of COVID-19
• limit in-person access to buildings as appropriate”

“With everything going on in the world, why should I bother looking at provisions in old contracts the library has signed in the past?

A boilerplate clause in most types of library contracts known as force majeure (French for “superior force”) has suddenly become important amid the COVID-19 pandemic. Sometimes known as “acts of God” clauses, they refer to natural catastrophes and can allow one or both parties to get out of or change its obligations.

The clauses are not uniform, and whether they apply to the library or vendor and what they affect (payment, timing, nonperformance) depends entirely on their wording. I recommend looking at your library’s most important contracts now rather than later because invoking force majeure generally requires timely notice.”

You can read the whole article right here!