FlyerTalk Forums - View Single Post - Consolidated Closed Threads: DL Related COVID Mask Discussions
Old Jul 19, 2020, 4:02 pm
  #89  
ab2013
 
Join Date: May 2009
Location: SEA
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Originally Posted by ahmetdouas
The issue here is there is no Federal Mandate saying "no mask, no fly". The CDC gives many exemptions to mask wearing, for some very minor medical ailments as well. So it is not surprising for people to feel a bit discriminated against if they are told, "no mask, no fly", or "you are sick, don't fly because you don't feel comfortable wearing a mask". There are many asthmatics who fly with inhalers with them, and they have never been told oh you need an inhaler, are you safe to fly? Masks can make things much worse for them, so all of a sudden they cannot fly? That can't be right.

In the US, the Federal Government controls many things aviation related in a strong and clear way, so not getting involved in masks make it a complete free for all, and we have yet to see someone kicked off the plane for saying they are asthmatic and not wanting to wear a mask. If that happens and the person is shown to have asthma, I cannot see the airline winning the case. The only case I saw in the US with the refusal to wear a mask leading to the person getting kicked off the plane was some idiot who didn't give any reason to not wear one.

Let's see what the other US airlines do, but personally if Delta goes that way and they are the only one, I would actively avoid them.

I actually hope someone is brave enough to say they are asthmatic, they refuse to wear a mask, the airline then tries to kick them off the plane, and then they get sued to the hilt for disability discrimination. It seems with this new rule, Delta is trying everything at their disposal to avoid this situation, in which they know they will lose, so are going to very aggressive ways to avoid being in that situation.
Private companies can do anything that they want to, just as Costco can evict customers from property for not complying with the mask order as well. The "no shirt, no shoes, no service" concept in the past kind of applies here, and federal law doesn't protect people against that. Delta has a protection in place for people with disability (medical reason for not being able to wear a mask) so that they don't get sued for violating the ADA; they are simply asking people who fall in that category to provide proof (evaluation at airport) that they actually can't. If their request for exemption is denied, then the passenger is actually eligible for a refund even on a nonrefundable ticket. The Feds/DOT have already said that while they won't be imposing a mandate on masks, they are allowing companies to make that decision.

I'm sure in making these decisions, management (as with most companies) has already worked with legal to ensure that they don't get sued.
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