Conspiracy theorists twist disability laws to claim legal exemption from COVID-19 masks

Conspiracy theorists are spreading misinformation about protective masks during the COVID-19 pandemic, and some of them are lying about medical conditions to avoid wearing them in public spaces.

A prominent "flat earther" appeared in a viral video delivering a scripted explanation for sidestepping mask requirements at a California supermarket, claiming she suffered from an unspecified medical condition that made face covering dangerous, reported The Daily Beast.

“Hi, I have a medical condition that I’m not allowed to wear a mask and I’m not required by HIPAA rules and regulations to disclose that,” said Shelly Lewis in the video. “You’re discriminating against me now, do you know that? You’re discriminating against me.”

Her video, which she later deleted but was uploaded again by another Twitter user, has been viewed millions of times, and variations on her speech have been copied by others.

Conservatives and conspiracy theorists alike have been questioning the safety and efficacy of face coverings against COVID-19, and a new set of memes instructs skeptics to cite the Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA) to trick business owners and managers into letting them eschew masks.

“If they have severe breathing difficulties—asthma, or other significant respiratory problems—if a mask makes their breathing more labored, they’d be protected under the ADA,” said Lawrence Gostin, a Georgetown University professor who specializes in public health law. “But you need to be able to demonstrate that you’re disabled. It can’t be an idle claim.”

But a person who was unable to wear a mask for medical reasons must be highly dependent on others wearing masks around them.

“A person with asthma or other respiratory problems is a highly vulnerable individual,” Gostin said. “If they were to get COVID-19, it’d be a stronger likelihood that they might get a very serious illness, resulting in hospitalization or death. They’re more likely to contract the illness if exposed, so we need widespread masking to protect persons with disabilities.”

One meme posted on Facebook provided a script that claims HIPAA regulations prevented businesses from asking about health conditions, although the law actually prohibits health-care workers from sharing patient medical details without permission.

That meme has been updated and refined in recent weeks to include claims about $75,000 penalties for asking why customers won't wear a mask, and some even look like printable passes that can be shown to business owners.

“ATTN government agents,” one reads. “Please provide lawful and necessary consideration to aid the bearer in the unimpeded exercise of constitutionally protected rights.”

Another displays the mailing address of the Justice Department’s Civil Rights Division, and both misspell the acronym for HIPAA.