SAN ANTONIO — Masks are now a requirement at all Bexar County businesses for customers and employees, but there are some exceptions to this rule. Here is a look at your rights when order to wear a mask during a health crisis.
You have heard it before: No shirt, no shoes, no service. Now add “no mask, no service.” Local governments do have special powers during a health crisis. They can require people to wear masks, even if you prefer not to do so.
“It’s designated for disasters,” said Nico LaHood, an attorney at LaHood Norton Law Group. “And can actually infringe on people’s right for a short period of time.”
The executive order says that time period is limited to June 30, but the order can be extended. What if you have a health condition that makes it difficult or even possible to wear a mask like a respiratory disorder or autism with sensory issues? Well, it gets tricky.
“We don’t want businesses to get into a fight with the potential customers because they won’t put a mask on. That would make matters worse,” said Judge Nelson Wolff for Bexar County.
The problem is an individual without a mask will not get fined under the order but a business will. That gives company owners a reason to say “no mask, no service.” Wolff asked businesses to be flexible with customers who cannot wear a mask and make allowances for them.
“If they can’t (wear a mask), they need to stay six feet away from someone else,” said Wolff.
The ordinance includes this line: “Face coverings do not need to be worn in the following circumstances: When doing so poses a greater mental or physical health, safety, or security.”
Wolff said he understands not everyone not can wear a mask.
“There’s a few people that have handicaps and they already have a breathing problem,” he said. “So, it maybe hard for them to put a mask on.”
Customers should also be upfront with a business about their inability to wear a mask.
“They don’t have to be detailed, just say I am going to need some help,” said Joseph Hoelscher, an attorney at Hoelscher, Gebbia, Cepeda PLLC.
He also said he recommends businesses take time to talk to customers not wearing masks.
“They can inquire whether or not someone needs an accommodation,” Hoelscher said.
Plus, attorneys KENS 5 spoke to said businesses can provide some alternative options to those who cannot wear a mask.
“So, the business says we don’t want to let you in without a mask,” said LaHood. “We’ll I can’t wear a mask. Like HEB, you can have curbside serve. That is a reasonable accommodation. I think that is wise.”
Hoelscher said there are a few options for customers who do not feel a business gives them a reasonable accommodation.
“I would suggest they just politely ask to speak to someone with more authority, even if that requires scheduling a call back,” he said.
Hoelscher also said the city and county both have agencies that work with compliance issues and you can file a complaint with them, but those agencies are not always responsive during a pandemic. He suggested another way to reach a business is social media.
“I just recommend if people criticize or notify other people that a business isn’t helping them that they are still polite and matter of fact about it,” he said. “You don’t want to get the pitch forks out and start a mob. We just want to address the problem because everyone is struggling.”
The county asked businesses and customers both to be respectful and work together to meet everyone’s needs.