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Archive Updates and More Resources: ADA and Face Mask Policies


About this Archive

This page is an archive for reference of past updates and additional resources to the current version of the Fact Sheet: ADA and Face Mask Policies.


State Mask Mandates

Over the course of the pandemic, many states had mask mandates at some point. The last statewide orders broadly requiring people to wear masks in indoor public places ended in early 2022. Into 2023, some U.S. states had mask mandates for people entering health care and long-term care facilities. Also, some states have legislation to prevent local governments, schools, and/or businesses from enacting mask mandates. For more on state guidance and long-term care facilities, we suggest these resources.


Court Cases: ADA and Face Masks

Face masks have become a polarizing issue in the courts with both mask proponents and opponents citing disability as a reason for and against mask mandates. Given the dynamic nature of the pandemic and divergent lawsuits, we are unable to include all current litigation.   This brief highlights some important cases regarding masks, disability, and the Americans with Disabilities Act (ADA).

G.S. v. Bill Lee (August 2023)

On August 14, 2023, the Sixth Circuit Court of Appeals upheld a lower court decision which granted a preliminary and permanent injunction and a temporary restraining order granted to students with disabilities in the Shelby County, Tennessee school district. The injunctions struck down a 2021 Executive Order from Governor Bill Lee calling for an end to mandatory mask mandates in Tennessee public schools. The students claimed the Executive Order violated both the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, discriminating against them and denying them a free and appropriate public education.[70]

Resurrection School v. Hertel (August 2021)

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.[49]

Pletcher v. Giant Eagle Inc. (October 2020)

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 noted in their defense that they had in place other modifications to policy and practice consistent with ADA Title III to accommodate customers with disabilities.[29]

Bunn v. Nike, Inc. (July 2020)

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.[41]


Travel and Transportation Face Mask Mandates and Extensions

At the recommendation of the Centers for Disease Control and Prevention (CDC), the Transportation Safety Administration (TSA) initial face mask requirement went into effect on February 1, 2021. There were several extensions of the security directive calling for face masks to be worn on planes, buses, trains, and other forms of public transportation traveling into, within, or outside of the United States. This included all U.S. transportation hubs such as airports and stations for trains and buses. The transportation network included airports, onboard commercial aircraft, on over-the-road buses, and on commuter bus and rail systems.

  • April 13, 2022: Extended through May 3, 2022. [61]
  • March 10, 2022: Extended through April 18, 2022.
  • December 2, 2021: Extended through March 18, 2022. [50]
  • August 20, 2021: Extended through January 18, 2022. [48]
  • February 1, 2021: Initial requirement with expiration date of May 11, 2021.[34]

NOTE: Guidance from Centers for Disease Control and Prevention (CDC)

The information from the Centers for Disease Control and Prevention (CDC) and other authorities changed as the COVID-19 pandemic evolved and as new variants emerge. Therefore, private businesses and government agencies should review the most current information at the CDC COVID-19 website (cdc.gov).

The Center for Inclusive Design and Innovation (CIDI) was funded through September 2021 to provide Accessible COVID-19 Resources from CDC guidance.


August 11, 2022: CDC Streamlines COVID-19 Guidance to Help the Public Better Protect Themselves and Understand Their Risk

The Centers for Disease Control and Prevention (CDC) provided new guidance to help the public protect themselves and understand the risks of COVID-19.  That guidance includes

  • If you have been exposed to COVID-19:
    You no longer need to quarantine but you should:
    • Wear a high-quality mask for 10 days.
    • Test for COVID-19 on day 5 after the exposure.
  • If you do test positive for COVID-19:
  • You should, regardless of vaccine status:
    • Isolate from others for at least 5 days.
    • Wear a high-quality mask if you must be around others in the home.
    • If you are fever-free for 24 hours without the use of medication, and your symptoms are improving, or you never had symptoms, you may end isolation after 5 days.
  • It is recommended that you wear a high-quality mask through day 10 after you have symptoms or test positive. [69]

What is a high-quality mask?

When choosing a high-quality mask, look at how well it fits. Gaps in the mask can let air with respiratory droplets leak in and out around the edges. Gaps can be caused by choosing the wrong size or type of mask and when a mask is worn with facial hair.

Check the Mask Fit

It is important to check that the mask fits snugly over your nose, mouth, and chin.

  • Check for gaps in the mask by cupping your hands around the outside edges of the mask.
  • Make sure no air is flowing from the sides or the mask area near your eyes.
  • If the mask has a good fit, you will feel warm air come through the front of the mask and may be able to see the mask material move in and out with each breath.

For more information:


May 3, 2022: CDC Updated Recommendation for Face Masks on Travel and Transportation

The Centers for Disease Control and Prevention (CDC) issued a statement that everyone aged 2 and over should continue to wear well-fitting face masks or respirators on public transportation including airplanes, trains and inside transportation hubs.  This guidance is based on several factors: current data on the spread of the virus in the U.S. and around the world, current variants and their impact on disease severity and vaccine effectiveness, and projected trends of virus spread in the coming months.

The CDC reminds us that “it is important for all of us to protect not only ourselves, but also to be considerate of others at increased risk for severe COVID-19 and those who are not yet able to be vaccinated. Wearing a mask in indoor public transportation settings will provide protection for the individual and the community.” [68]


April 2022: Court Ruling and Appeal: Federal Face Mask Mandate on Travel and Transportation

April 20, 2022: The U.S. Department of Justice has filed a notice of appeal in light of the determination by the Centers for Disease Control and Prevention (CDC) that wearing a mask “remains necessary to protect the public health.” The CDC continues to recommend at this time that people wear masks in all indoor public transportation settings. [66] [67]

April 18, 2022: In a narrow interpretation of the authority granted to the Centers for Disease Control and Prevention (CDC), a federal judge struck down the federal face mask mandate on airplanes, trains, busses, and other transportation hubs. In the opinion of the judge, the CDC exceeded its authority granted under the Public Health Service Act of 1944. The judge interpreted “sanitation” to mean cleaning property, not requiring people to take hygienic steps to prevent the interstate transmission of the virus. The judge also ruled that the transportation face mask mandate was established thirteen months after COVID-19 was declared a public health emergency with no opportunity for public comment. In the ruling, the judge did not consider the rapid changes and transmission of new variants and that there had been a change in administration.[62] [63] [64]

Due to the court ruling (April 18, 2022), effective immediately, the Transportation Security Administration (TSA) will no longer enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs. The CDC continues to recommend that people wear masks in indoor public transportation settings at this time.[65]


March 24, 2022: U.S. Department of Education Letter and Guidance on Face Masks

The U.S. Department of Education released a letter to parents and educators regarding the Centers for Disease Control and Prevention (CDC) new face mask guidance. In the letter, Secretary Miguel Cardona, Ed.D., emphasized that state and local education agencies are bound by federal law, including ADA Title II, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) to ensure the inclusion of students with disabilities in the classroom, including those students who experience post-covid symptoms or long COVID. The Secretary urged extra precautions to protect students, friends, neighbors, or loved ones who are at increased risk of severe illness from COVID-19, including the wearing of properly fitting face masks and being tested prior to gathering, regardless of COVID-19 community levels. At any level of community spread, people who are with or around those with higher risk for serious illness, people with symptoms of COVID-19 or individuals who are not up to date on COVID-19 vaccinations who had exposure to someone with COVID-19 or have a positive test should take extra precautions to protect themselves and others. This includes quarantining for 5 days and properly wearing a well-fitting mask around others for 10 days.

School districts, schools, early childhood centers and homes, and classrooms may still choose to implement masking at any COVID-19 Community Level depending on their community’s needs, and individuals – including those at higher risk of severe outcomes from COVID-19 – located in communities at any COVID-19 Community Level may choose to mask at any time.

Federal civil rights laws require that schools consider the health and safety needs of their students to safely attend in-person. This includes expectations around masking in schools on a case-by-case basis to comply with the schools’ obligation to make reasonable modifications for particular students with disabilities under federal law. Depending on the circumstances, a school could decide that some degree of masking of students and staff is necessary as a reasonable modification to ensure that students with disabilities have equal access to in-person learning without incurring an elevated risk of hospitalization or death due to COVID-19. In addition to deciding that an individual student with specific circumstances or needs must wear a mask or a modified mask such as with a clear front, a school may determine it is also necessary for other individuals in school settings to wear masks, depending on the specific circumstances of the student with a disability and in consideration of relevant health guidance.[60]


February 25, 2022: CDC Face Mask Guidance by COVID-19 County Level

The Centers for Disease Control and Prevention (CDC) issued new guidance on February 25, 2022 on wearing face masks to reduce the spread of COVID-19. The CDC will now rely on three indicators at the county level to determine if individuals should wear a face mask. [58]

  1. The number of new COVID-19 cases per 100,000 people in the past seven days. The guidance defines this as less than 200 cases per 100,000 or greater than 200 cases per 100,000 people.
  2. New COVID-19 admissions to hospitals per 100,000 people over a seven-day period.

    For areas with fewer than 200 new cases each day, the following indicators are used.

    • Low or green is less than 10 admissions in the past seven days per 100,000 people
    • Medium or yellow is between 10 and 19.9 admissions per seven days per 100,000 people
    • High or red is 20 or more hospital admissions per seven days per 100,000 people

    For areas with 200 or more new hospital admissions over a seven-day period.

    • Low or green is not applicable
    • Medium or yellow is less than 10 admissions per seven days per 100,000 people
    • High or red is greater than 10 admissions per seven days per 100,000 people
  3. The percent of staffed inpatient hospital beds occupied by COVID-19 patients

    For fewer than 200 new cases per day:

    • Low or green is less than 10% of bed occupancy
    • Medium or yellow is 10.0%-14.9% of bed occupancy
    • High or red is 15% or more beds are occupied by COVID-19 patients

    For areas with greater than 200 or more cases per day

    • Low or green is not applicable
    • Medium or yellow is less than 10% of bed occupancy
    • High or red is 10% or more beds occupied by COVID-19 patients
Know Your COVID-19 Community Level

The CDC has developed COVID-19 County Check tools to easily determine if your county is in the green (low), yellow (medium), or red (high) zone.[59]

  • GREEN (Low)
    For areas considered green, individuals no longer need to wear a face mask.  The CDC does recommend that individuals in green areas stay up to date with vaccinations and get tested if they believe they have symptoms.
  • YELLOW (Medium)
    For areas considered yellow, individuals no longer need to wear a face mask. Individuals at higher risk of illness due to disability and vaccination status should consult with their healthcare provider about whether they should wear a mask or take other precautions.
  • RED (High)
    For areas considered red, individuals should continue to wear masks in indoor public spaces, stay up to date with vaccines, and get tested if they show COVID-19 symptoms.  Individuals who are at higher risk of severe illness due to disability or vaccination status should take additional precautions.

NOTE: The CDC guidance recommends that people may continue to wear a mask at any time. People who have COVID-19 symptoms or who have had exposure to someone who has COVID-19 should wear a mask.


January 14, 2022: Guidance on Face Masks

The Centers for Disease Control (CDC) updated their guidance on face masks and respirators on January 14, 2022. Their guidance emphasizes that using a face mask of any kind is better than not wearing a mask at all. Wearing a mask is still one of the most important tools that we can use to prevent the spread of COVID-19. The CDC states that some masks and respirators offer higher levels of protection than cloth masks. These masks have multiple layers of non-woven material, have a “nose wire” to ensure proper fitting over the nose, and are fitted for the mouth and chin to prevent leaks. The guidance stresses that masks with a proper fit, without gaps, offer the best protection against COVID-19 transmission.[57]

The National Institute for Occupational Safety & Health (NIOSH) approves many types of filtering face masks, including N95, N99, P95, P99, P100, R95, R99, and R100 (More: entire list of NIOSH approved masks[52]).

NIOSH approved masks provide the highest level of protection. They seal tightly on your face when worn properly. These masks are evaluated against U.S. standards that include a quality requirement. NIOSH approved masks filter at least 95% of particulates. These masks are not worn with other masks, if wet or dirty, or if it is hard to breathe while using them. NIOSH masks have not been tested for use by children.

Some masks are tested to ensure a higher standard. The masks are labeled “Meets ASTM F3502, “meets workplace performance,” or “meets workplace performance plus.” Additional information can be found at: ASTM Standard Specification for Barrier Face Coverings [53] and CDC: New Masks for Workplaces [54].

Guidance on Face Masks for Children

The guidance from the Centers for Disease Control (CDC) from January 14, 2022 also updates face mask guidance for children. The CDC recommends that children 2 years or older who are unvaccinated or are not up to date on other vaccines, should wear face masks in indoor public spaces, including schools. As discussed in previous CDC guidance, face masks should be worn by people, regardless of vaccine status, in areas of substantial or high transmission. The guidance also recommends universal face mask wearing for all students, teacher, and staff in school settings. The guidance states that face masks or respirators should not be worn by children younger than age 2.

Guidance on Clear Mask Alternatives for People with Disabilities

The guidance from the Centers for Disease Control (CDC) outlines clear plastic panel mask alternatives for people who are deaf or hard of hearing, young students learning to read, students learning a new language, people with disabilities, and people who need the proper shape of the mouth for making appropriate vowel sounds. The U.S. Food and Drug Administration has approved the following clear face masks as determined to be as “substantially equivalent” surgical masks: The CommunicatorTM Facemask[55] and ClearMask[56]


Resources

More about Americans with Disabilities Act (ADA), disability, and COVID

More on face coverings and the ADA

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 ADA National Network website: adata.org
— All calls are confidential. We do not give medical or legal advice. [Refer to: Disclaimer]

Citation

Williamson, P. R., Morder, M. J., & Whaley, B. A. The ADA and Face Mask Policies [Fact sheet]. Retrieved from https://adasoutheast.org/disability-issues/ada-and-face-mask-policies/

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/27-04-2020-who-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). Your Guide to Masks. Retrieved August 13, 2021, from https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html

[5] Centers for Disease Control and Prevention (CDC). (2020, May 22). About Face Coverings. Retrieved June 2, 2020, from https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html

[6] Centers for Disease Control and Prevention (CDC). (2020, May 22). About Face Coverings. Retrieved June 2, 2020, from https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html

[7] Centers for Disease Control and Prevention (CDC). (2020, May 22). About Face Coverings. Retrieved June 2, 2020, from https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.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.com/lifestyle/2020/05/11/some-autistic-people-cant-tolerate-face-masks-heres-how-were-managing-with-our-son/

[10] 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 Title II regulations: nondiscrimination on the basis of disability in state and local government services. Retrieved from https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm

[12] 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/titleII_2010/titleII_2010_regulations.htm

[13] U.S. Department of Justice (DOJ). (2008, October 9). ADA Best Practices Tool Kit for State and Local Governments – Chapter 1 ADA Basics: Statute and Regulations. 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/titleII_2010/titleII_2010_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/titleIII_2010/titleIII_2010_regulations.htm

[16] 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/titleII_2010/titleII_2010_regulations.htm

[17] 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/titleIII_2010/titleIII_2010_regulations.htm

[18] 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

[20] 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/pandemic-preparedness-workplace-and-americans-disabilities-act

[21] 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/titleII_2010/titleII_2010_regulations.htm

[22] 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/titleIII_2010/titleIII_2010_regulations.htm

[23] 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 # 202-54-148). Retrieved June 3, 2020, from https://www.ada.gov/ymca_triangle_sa.html

[24] 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

[25] 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://archive.ada.gov/pubs/t2qa.txt

[26] 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/healthy-living/info-2020/states-mask-mandates-coronavirus.html

[27] 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

[28] 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/titleIII_2010/titleIII_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 pages], 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). Retrieved January 30, 2021 from https://www.cdc.gov/quarantine/pdf/Mask-Order-CDC_GMTF_01-29-21-p.pdf

[31] 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/presidential-actions/2021/01/20/executive-order-protecting-the-federal-workforce-and-requiring-mask-wearing/

[32] Centers for Disease Control and Prevention (CDC). (n.d.). CDC COVID Data Tracker. Retrieved July 28, 2021 from https://covid.cdc.gov/covid-data-tracker/#county-view

[33] American Association of Retired Persons (AARP). (2022, October 20). State-by-State Guide to Face Mask Requirements. Retrieved update October 20, 2022 from https://www.aarp.org/health/healthy-living/info-2020/states-mask-mandates-coronavirus.html

[34] 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/tsa-extends-face-mask-requirement-airports-and-throughout

[35] Centers for Disease Control and Prevention (CDC). (2021, October 15). When You’ve Been Fully Vaccinated: How to Protect Yourself and Others. Retrieved December 15, 2021 from https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated.html

[36] 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-statement-mask-mandate-public-transportation-remains-effect

[37] Centers for Disease Control and Prevention (CDC). (2021, June 10). Requirement for Face Masks on Public Transportation Conveyances and at Transportation Hubs. Retrieved update February 25, 2022 from https://www.cdc.gov/quarantine/masks/face-masks-public-transportation.html

[38] Centers for Disease Control and Prevention (CDC). (2021, July 9). Guidance for COVID-19 Prevention in K-12 Schools. Retrieved July 9, 2021 from https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/k-12-guidance.html

[39] Centers for Disease Control and Prevention (CDC). (2021, July 9). Prevention strategies and school in-person learning – Science Brief: Transmission of SARS-CoV-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/science-briefs/transmission_k_12_schools.html#in-person

[40] 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-19-infections/clinical-guidance/covid-19-planning-considerations-return-to-in-person-education-in-schools/

[41] Superior Court of the State of California, County of San Francisco. (2020, July 29). Bunn v. Nike Inc. [PDF, 13 pages], CGC20585683. Retrieved July 19, 2021 from https://www.classaction.org/media/bunn-v-nike-inc.pdf

[42] 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-vaccinated-guidance.html

[43] 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

[44] 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-for-children/families.html

[45] 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-wear-masks.html

[46] Centers for Disease Control and Prevention. (2021, August 20). Domestic Travel During COVID-19 . Retrieved update August 20, 2021 from https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-during-covid19.html.

[47] Centers for Disease Control and Prevention. (2021, August 20). International Travel During COVID-19. Retrieved update August 24, 2022 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-mask-requirement-through-january-18-2022

[49] Justia U.S. Case Law Federal Courts of Appeals Sixth Circuit 2021. (2021, August 23). Resurrection School v. Hertel, No. 20-2256 (6th Cir. 2021). Retrieved August 27, 2021 from https://law.justia.com/cases/federal/appellate-courts/ca6/20-2256/20-2256-2021-08-23.html

[50] Transportation Security Administration (TSA). (2021, December 2). TSA statement on face mask extension to March 18, 2022. Retrieved December 2, 2021 from https://www.tsa.gov/news/press/statements/2021/12/02/statement-regarding-face-mask-extension

[51] Centers for Disease Control and Preventions (CDC) (2021, December 15). What You Need to Know About Variants. Retrieved December 15, 2021 from https://www.cdc.gov/coronavirus/2019-ncov/variants/about-variants.html

[52] Centers for Disease Control and Preventions (CDC) (2021, September 15). NIOSH-Approved Particulate Filtering Facepiece Respirators. Retrieved January 19, 2022 from https://www.cdc.gov/niosh/npptl/topics/respirators/disp_part/

[53] ASTM International (2021, February 15). ASTM Standard Specification for Barrier Face Coverings. Retrieved January 19, 2022 from https://www.astm.org/f3502-21.html

[54] Centers for Disease Control and Preventions (CDC) (2021, May 18). Making Masks for the Workplace. Retrieved January 19, 2022 from https://www.cdc.gov/niosh/topics/emres/pandemic/default.html#anchor_1622131807

[55] U.S. Food and Drug Administration (FDA) (2022, January 17). 510(k) Premarket Notification Database for Communicator Surgical Facemask With Clear Window (2016). Retrieved January 19, 2022 from https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpmn/pmn.cfm?ID=K152561.

[56] U.S. Food and Drug Administration (FDA)(2022, January 17). 510(k) Premarket Notification Database for ClearMask (2020). Retrieved January 19, 2022 from https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpmn/pmn.cfm?ID=K200576.

[57] Centers for Disease Control and Preventions (CDC) (2022, January 14). Types of Masks and Respirators. Retrieved January 19, 2022 from https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/types-of-masks.html

[58] Centers for Disease Control and Preventions (CDC) (2022, February 25). COVID-19 Community Levels. Retrieved February 25, 2022 from https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html

[59] Centers for Disease Control and Preventions (CDC) (2022, February 25). COVID-19 By County. Retrieved February 25, 2022 from https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html

[60] Cardona, M. A. (2022, March 24). Letter from Miguel A. Cardona, Ed.D. to regarding COVID-19 in schools and ensuring all students can safely learn in person, to the maximum extent possible. U.S. Department of Education [PDF, 1 page]. Retrieved March 30, 2022, from https://www2.ed.gov/documents/coronavirus/letter-to-educators-and-parents-regarding-new-cdc-recommendations-03-24-2022.pdf

[61] Transportation Security Administration (TSA). (2022, April 13). TSA statement on face mask extension to May 3, 2022. Retrieved April 13, 2022 from https://www.tsa.gov/news/press/statements/2022/04/13/tsa-extends-face-mask-requirement-through-may-3-2022

[62] National Public Radio (NPR). (2022, April 18). TSA will no longer enforce travel mask mandate after a federal judge strikes it down. Retrieved April 19, 2022 from https://www.npr.org/2022/04/18/1093364146/a-florida-judge-overturns-the-cdcs-mask-mandate-for-planes-and-other-public-tran

[63] Associated Press, WAFB9. (2022, April 19). Court ruling creates mishmash of transportation mask rules. Retrieved April 19, 2022 from https://www.wafb.com/2022/04/19/court-ruling-creates-mishmash-transportation-mask-rules/

[64] Associated Press, NBC5 Chicago. (2022, April 19). Some Cities Are Still Keeping Transit Mask Mandates. What Travelers Need to Know. Retrieved April 19, 2022 from https://www.nbcchicago.com/news/coronavirus/court-ruling-creates-mishmash-transportation-mask-rules/2810061/

[65] Transportation Security Administration (TSA). (2022, April 18). TSA Statement regarding face mask use on public transportation. Retrieved April 19, 2022 from https://www.tsa.gov/news/press/statements/2022/04/18/statement-regarding-face-mask-use-public-transportation

[66] Centers for Disease Control and Prevention (CDC). (2022, April 20). CDC Statement on Masks in Public Transportation Settings. Retrieved April 20, 2022 from https://www.cdc.gov/media/releases/2022/s0420-masks-public-transportation.html

[67] National Public Radio (NPR). (2022, April 20). The DOJ will appeal the recent mask ruling by a federal judge. Retrieved April 20, 2022 from https://www.npr.org/2022/04/20/1093927926/mask-mandate-appeal-doj

[68] Centers for Disease Control and Prevention (CDC). (2022, May 3). CDC Recommendation for Masks and Travel. Retrieved May 3, 2022 from https://www.cdc.gov/media/releases/2022/s0503-covid-19-travel.html

[69] Centers for Disease Control and Prevention (CDC). (2022, August 11). CDC Streamlines COVID-19 Guidance to Help the Public Better Protect Themselves and Understand their Risk. Retrieved August 11, 2022 from https://www.cdc.gov/media/releases/2022/p0811-covid-guidance.html

[70] Justia U.S. Case Law Federal Courts of Appeals Sixth Circuit 2023. (2023, August 14). G.S. v. Bill Lee, No. 20-5969 (6th Cir. Aug. 14, 2023). Retrieved September 7, 2023 from https://law.justia.com/cases/federal/appellate-courts/ca6/20-2256/20-2256-2021-08-23.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.

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