Mandatory Mask Bylaws: Considerations Beyond Exemption for Persons with Disabilities

Abstract

The city of Calgary, like many other cities, has made wearing a mask mandatory in most public spaces in order to slow the spread of COVID-19, but adhering to the rule will not always be possible for people with disabilities. The city is clearly aware of the mask-wearing challenges faced by some people with disabilities and their caregivers, and has created exemptions to the rule for them. However, that awareness needs to be publicly promoted, otherwise people with disabilities could face social stigma, criticism or be refused service when they try to reenter the economy without a mask. This could add to the already greater risks and burdens that people with disabilities have faced throughout the pandemic. Even those people with disabilities who are able to wear masks may be unable to get ahold of masks. The province has been distributing free masks through fast-food drive-thrus. However, those may be inaccessible to people with disabilities. The city of Calgary has also distributed masks on public transit, but some people with disabilities may not be using transit given that so many places have been closed during the pandemic or because of the higher risk of illness while travelling outside their homes. Calgary needs to provide more than mask exemptions for people with disabilities to ensure that the reopening of the economy is truly inclusive. It should find new ways to distribute masks that are more accessible and it should promote public awareness of the exemptions and their rationale to encourage greater empathy and understanding in society towards unmasked people with disabilities. It should also research alternatives to masks that can be accepted under the bylaw, since standard face shields are currently not considered a substitute. People with disabilities are already at higher risk of serious illness because of COVID-19, and have already faced disproportionate isolation and stigma during the pandemic. The city of Calgary’s mandatory mask policies should be designed to account for the challenges of people with disabilities so that these people are not excluded from the reopening of the economy and made to bear a greater burden than they already have.

Keywords: mandatory masks, COVID-19, bylaws, persons with disabilities