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Old Jul 23, 2020, 8:19 pm
  #46  
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Originally Posted by nmpls
I am not an expert on the ACAA, but I am very familiar with the ADA.
Generally, disability law (and there are some medical conditions that are not disabilities and not protected), require reasonable accommodations. They do not require all accommodations. An accommodation that risks the health of other customers and employees is not reasonable. As the ACAA is notoriously less friendly to disabled persons than ADA I would assume similar, if not more permissive (for the airline), wording,
I do know with the ACAA, airlines can prohibit individuals if a medical condition makes it unsafe to fly. I can think of few conditions that would prohibit mask wearing that would get an actual MD/DO signing off on an airplane flight in covid times. We'll probably see some chiro and "holistic doctors" signing some letter.
The ADA is not equal to the ACAA. One, DOT, not DOJ is in charge of enforcement/ rules. Two, it has much more restrictive allowances for denying transport.
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Old Jul 23, 2020, 8:36 pm
  #47  
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Originally Posted by flyerCO
I get and agree with the point of the airline policies. However we're a country of laws. AA/UA/WN are simply ignoring the law because they feel it's good policy/PR. It is great policy, however great policy still has to comply with the law.
Exactly. And it offends me to think that airlines have become so arrogant as to potentially overrule a physician's medical directive.

Airlines requiring proof of a negative covid test within x hours of travel would even be less objectionable and offensive than forced telemedicine consultations with "physicians" of THEIR choosing.

Medical ethicists/healthcare attorneys will be better able to weigh in on this than I but aren't DL's forced telemedicine consultations also potential HIPAA minefields?

Last edited by Herb687; Jul 23, 2020 at 8:38 pm Reason: add content
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Old Jul 23, 2020, 8:40 pm
  #48  
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Originally Posted by Antarius
But but but freedum!
They are perfectly free to stry at home, drive, fly on an airline that won't require it
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Old Jul 23, 2020, 8:50 pm
  #49  
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Originally Posted by Dave Noble
They are perfectly free to stry at home, drive, fly on an airline that won't require it
Problem is there's many other ways they could do this legally. Ie there's rapid CV tests, can't wear a mask/don't want to? Fine, take the test and if you're negative you can do so.

Same thing is starting to be realized at businesses. Dont want to wear a mask in grocery store? Fine call your order in and we'll bring it to vehicle (at no additional cost).

Bottom line there's ways that AA can protect passengers that are legal. They've just chosen to go the illegal easy way.
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Old Jul 23, 2020, 8:59 pm
  #50  
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Assuming that it is illegal - would require a court to determine that it is illegal
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Old Jul 23, 2020, 9:15 pm
  #51  
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Originally Posted by Dave Noble
Assuming that it is illegal - would require a court to determine that it is illegal
Actually DOT can do so. No judicial order is needed.
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Old Jul 23, 2020, 9:45 pm
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Never mind

Last edited by OverpaidSlacker; Jul 23, 2020 at 9:57 pm
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Old Jul 23, 2020, 10:20 pm
  #53  
 
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Originally Posted by msp3
I hope AA gets sued to hell and back.
Sued for what?

Not stocking enough Woodford on the aircraft?

Refusing to serve Woodford once in the air on the aircraft?

Calling itself American Airlines, when we all know it's really America West Airlines?
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Old Jul 23, 2020, 10:44 pm
  #54  
 
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We've just moved to compulsory masks in Melbourne with police fining people $200 who do not comply. I can't say I love the mask, but I'm happy to wear it to protect the community. Qantas tried to go mask free (as American allowed exceptions) but I have to say I feel safer in the air with them. Good on you American Airlines - this maybe a time Qantas needs to catch up!
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Old Jul 23, 2020, 10:57 pm
  #55  
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Agree with the sentiment here that the federal government (not sure whether it's CDC, DOT, or some other authority with the appropriate authorities) should step in and mandate masks (or face shields for those with medical exceptions) for the duration of the pandemic.

In the meantime, since we're in a pandemic and the viability of the airlines is in doubt and further in doubt if aircraft are in fact, or are seen to be, a dangerous source of spread, it seems like a smart policy to have a strict policy in place unless/until otherwise ordered by a court to change course.

Rapid testing would also be great if it were (1) readily available, (2) sufficiently rapid, (3) low cost, (4) had very low rates of false positives and negatives. Of course, I imagine there would be plenty of people complaining about that if it were required to fly too.
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Old Jul 24, 2020, 12:21 am
  #56  
 
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Originally Posted by msp3
I hope AA gets sued to hell and back.
I hope that AA passengers who refuse to wear masks and as a result cause flight delays or diversions get sued to hell and back.
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Old Jul 24, 2020, 12:26 am
  #57  
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Originally Posted by hbtr
I hope that AA passengers who refuse to wear masks and as a result cause flight delays or diversions get sued to hell and back.
Or if passengers that sit next to people who refuse to wear masks get sick and, god forbid, die.
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Old Jul 24, 2020, 12:32 am
  #58  
 
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Originally Posted by Dave Noble
Which seems to support AA's approach of 100% mask use. If someone genuinely has an documented medical condition that means that they will not use masks, then they will not book on an airline that mandates it
And also, if someone has a genuine condition that makes it hard to breathe with a mask on, then really they should not be doing something as high risk as flying right now. Since presumably their underlying condition would put them in one of the highest risk groups for death or serous illness from covid.
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Old Jul 24, 2020, 8:46 am
  #59  
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Reading this thread is interesting. It's almost as one could interchange "American Airlines says no more mask exceptions" with "AA prohibits smoking on all aircraft now" and the responses would pretty much be the same as already posted.
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Old Jul 24, 2020, 8:47 am
  #60  
 
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Originally Posted by Antarius
But but but freedum!
It's actually spelled freedumb when applied to mask haters.
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