southwest airlines mask exemptions

Is This “No Medical Exceptions” Mask Policy Legal? I am not on Twitter or Facebook. These are difficult times and will only improve if we all do our part to make it happen. I have a 4 year old who has a developmental delay, speech deficit (both diagnosed by his pediatrician), and has sensory issues. But there’s a fairly wide exception that should shield airlines from any liability here for violating passenger rights. But now, American Airlines and Southwest Airlines, two of the largest U.S. carriers, have announced that even medical exemptions won’t fly. Photo Credit: Southwest Airlines. And care to comment on the emerging medical consensus that those with asthma or other breathing impediments are still able to wear face coverings? American and Southwest have thrown down the gauntlet on wearing masks. However, enforcement has been getting progressively better. Southwest’s mask policy does not yet reflect an alignment with the CDC order. How to Obtain a Visa on Arrival in Tanzania. I have the right to life and that requires breathing. That is factually and legally baseless. They want to inject you with a vaccine for something that is 99.9% non lethal with something that is 94% effective folks. Opinions expressed here are the author's alone, and have not been reviewed, approved or otherwise endorsed by any of these entities. Along with requiring a pre-travel questionnaire at least seven days before departure and written proof of their medical exemption from a physician, passengers will also need to obtain a negative pre-departure COVID-19 test certificate within 72-hours of departure and undergo a private medical screening with a third-party medical provider. No business can force you to take a test, put something on your body or force you to distance. An Employee Enforced The American Airlines Dress Code. I construe the inability to wear a mask as a condition pursuant to §382.23 that allows an airline to ask for a medical certificate. There is also varying levels of the condition. This. Such a medical certificate is impossible to produce since there are no rapid tests available and therefore an airline may ban that individual from flying. Earn 85,000 Membership Reward® points | Terms Apply. The CDC’s order takes precedence over any airline policy that may have been in place prior to the president’s executive action. I came across this site and these comments as I was doing my own research after this new policy came into play. We live in Florida so I’ve been working on him for months to try and wear a mask. For its part, United has quietly added a disability exemption, according to a report from the Live And Let’s Fly blog which cites two internal memos to employees. Instead, I write primarily about cards which earn airline miles, hotel points, and some cash back (or have points that can be converted into the same). Save my name, email, and website in this browser for the next time I comment. Editorial Note: The opinions, analyses, and evaluations here are mine and not provided by any bank including (but not limited to) American Express, Chase, Citibank, US Bank, Barclays or any other company. What about psychological reasons as well? Both Southwest and American Airlines are announcing new face-covering requirements beginning next week. Notify me of follow-up comments by email. There should be no debate on this whatsoever, we have a collective responsibility to our communities to limit harm. Join our mailing list for a daily summary of posts! Southwest took a hard line on the issue, saying at the time that: “Southwest will temporarily refuse to transport any passenger who is unable to wear a mask even if the customer has a verifiable medical condition that prevents them from wearing a mask.” Southwest’s mask policy does not yet reflect an alignment with the CDC order. Nothing more “humane” than wishing harm to others in the name of… “health.”, Actually, it’s not “game over” at all, because the airline will need to prove you are actually a “threat” (i.e. Wouldn’t the airline be liable for Breach of Contract if it does not “grandfather” such passengers in? WAKE UP PEOPLE! This also begs the question: What about passengers who booked tickets way in advance. For example, you must not refuse transportation to the passenger if you can protect the health and safety of others by means short of a refusal. There’s also the issue of the people the passengers then come into contact with, such as passengers traveling as families to visit the grandparents who are probably at a higher risk for issues with covid-19. I inhaled vapor and flames from 27 artillery shells and three propane tanks rolled in wax. Pete is wrong but is probably close to the real reason. Anyone going on vacation or traveling for the sake of travel should avoid public transportation as they risk exposure to Covid19 or spreading it to others. Alaska Airlines is another airline with exemptions to the mask requirement. The lag time from infection to being infectious has been on average globally 7-10 days after exposure. VERY HIPOCRITICAL IF YOU ARE CITING JUST PART OF WHAT THE CDC SAID FOR THEIR CONVENIENCE, PEOPLE GAVE DIFFERENT REASONS TO FLY, MAY BE FAMILY EMERGENCIES SO IF MY DAD WHERE TO DIE TOMORROW AND I NEDDED TO FLY, WHAT AM I SUPPOSED TO DO? Mask policies also keep customers flying which is important to your ability to travel with convenience and for route pairs to remain serviced. Actually have asthma and have for 30 years frequently worn face masks to avoid pollen and mold triggers. In July, American Airlines and Southwest Airlines were the first carriers to institute a blanket ban on passengers with disabilities who cannot not wear a face mask. They have not reviewed, approved or endorsed what I have to say. If they argue this they are shooting themselves in the foot for the transatlantic travel consortium. Corporations too often will do the wrong thing – thus $140M settlement for Dr Dao UA 3411 dragging incident from overbooking. Then watch how quickly things will turn around. The issues will only be resolved if infections reach a low level in the USA or if rapid diagnostic testing becomes standard to board a plane. American Airlines and Southwest Airlines will both only exempt those under two years old from wearing masks, as of July 29 and July 27, respectively. There is no law requiring you to wear a mask. Southwest and American Airlines are tightening their mask requirements at the end of July by doing away with exemptions for travelers over the age of 2. Your certificate may be just like my passport, which is expired presently. Required fields are marked *. The reality is that A4A’s commercial airline members – Alaska, American, Delta, Hawaiian, JetBlue, Southwest and United – do in fact exempt passengers from wearing a face covering over their nose and mouth on the basis of medical condition or disability. “At the moment the majority of the current Covid-19 tests that all the reports are coming from are using PCR,” says University of Sussex senior lecturer in microbiology Dr Edward Wright. I will try to assert my rights as a disabled human, who is also a veteran and a Proud American. All mask exemptions will end and the new policy will be strictly enforced by both airlines. Then The Backlash Came. https://www.scarymommy.com/southwest-american-airlines-mask-exemptions Southwest And American Airlines Tighten Their Mask Requirements By Ending Exemptions A man wearing a mask prepares to board a Southwest Airlines flight at Kansas City International airport in Kansas City, Mo. If people aren’t comfortable in your planes or stores, they won’t go or won’t go as often. Are any of you public on social media or have some way I could reach out and connect with you, perhaps on Twitter or some such? He is currently in speech therapy and occupational therapy, although now it is over Zoom (which is difficult in itself and has not helped with his development since this Covid mess started). Southwest also now requires its crew to wear masks along with gate agents and most employees. The individual to prove a negative, that he is NOT a direct threat? How can we get in touch with you should we have an issue with our son who has a disability and is not able to comprehend why he would need to wear a mask? There’s no physical medical condition for which you can’t wear a mask and you can get a medical certificate for anything. Late yesterday both American and Southwest announced there would no longer be any masks exemptions with the exception of children under two. Yesterday, a group of airlines represented by Washington-based lobby group Airlines for America said they would do more to educate passengers about the face mask requirements and non-compliance could result in a flight ban. I’ve tried it all- superhero masks, bandanas, tried to bribe with candy- nothing works. Prove there is a virus. The owner of this site is not an investment advisor, financial planner, nor legal or tax professional and articles here are of an opinion and general nature and should not be relied upon for individual circumstances. You’re right that the GA and FA aren’t medical professionals which is irrelevant – there is now a blanket rule. Because when someone books an air ticket that person enters into a legal contract with whatever airline. How could you have a test result saying you are not carrying Covid on a flight? (2) If you determine that the passenger does pose a direct threat, you must select the least restrictive response from the point of view of the passenger, consistent with protecting the health and safety of others. #avalanchelake at beautiful #glaciernationalpark -, Observation car aboard #amtrak #coaststarlight jus, #travel is the spice of life, but there is no plac, American + Southwest Both Eliminate Medical Exceptions To Mandatory Mask Policy. Comments made in response to posts are not provided or commissioned nor have they been reviewed, approved, or otherwise endorsed by any bank. Free Night For New And Renewing IHG Ambassador Members After Just One Stay, Malta Will Pay Tourists To Visit This Summer, Glitch: American AAdvantage Awards On Cathay Pacific Aren't Being Held For 5 Days, American Airlines Removes Espresso Machines From Its Planes. I hope they do because in this time and age we need precedents that will stand to guide our actions. He absolutely refuses. End of story! By detecting viral RNA, which will be present in the body before antibodies form or symptoms of the disease are present, the tests can tell whether or not someone has the virus very early on.”. But the carrier’s protocol for handling such exemptions is still somewhat vague. IANA nor do I play one on TV or the internet. re: https://community.aafa.org/blog/what-people-with-asthma-need-to-know-about-face-masks-and-coverings-during-the-covid-19-pandemic, I can tell you with certainty that there will be successful suits and settlements against the airlines (source: me as a disability attorney who has already won several cases similar to these against airlines), Why don’t you send me some of those cases or redacted settlement agreements? Effective July 27, 2020 on Southwest and July 29, 2020 on American, all passengers aged two and older will be required to wear a mask. HEALTHY PEOPLE DO NOT SPREAD DISEASE! Hey @YoniPDX, @PeterDoocey and @Anti-covidtyranny you guys (or gals) are smart and know what is up. I am just a really unhappy mama bear at the moment. While we do try to list all the best miles and points deals, the site does not include all card companies or credit card offers available in the marketplace. It’s not that hard to understand. Southwest and American Airlines are tightening their mask requirements at the end of July by doing away with exemptions for travelers over the age of 2. I can not believe that the ADA can no longer give me any protection! I understand completely about the dilemma faced by parents with children possessing autism, cognitive or intellectual disabilities, and sensory issues….some children just refuse to tolerate a mask. Since that time, Allegiant has tightened up their policy, I was told because of pressure from the FAA, and now they have a zero exception policy, too. If covidiots didn’t constantly try to find loopholes we wouldn’t need these rules. On … This is the basis of your legal argument? How Southwest Airlines Circumvents The Mask Exemptions Required By The Federal Government - View from the Wing. This site is for entertainment purposes only. There is no testing in the U.S. that has rapid results before you board a plane. The airlines did their homework in an effort to avoid having to address the issue. And when I was run over I had my entire left sinus and eye socket crushed which have made it that when I first tried obstruction of my airway I passed out. I have no sympathy for those faking medical conditions so as not to wear a mask or for anyone standing in a line who lowers a mask to cough. That is absurd. https://www.livescience.com/5910-carbon-dioxide-triggers-primordial-fear-suffocation.html. Not any longer. Too many people would try to get an exemption they are not entitled to. Woman claims family was kicked off Southwest Airlines flight because autistic son, 3, wouldn't wear face mask 'You've got to have some kind of exemption, especially for people with disabilities' Nobody has the authority to regulate human breathing. “If a customer is unable to wear a face covering or mask for any reason, Southwest regrets that we will be unable to transport the individual,” the airline said in a statement issued July 23. The only exemptions Southwest Airlines will allow is for children under two. Please view our advertising policy page for additional details about our partners. Southwest Airlines is implementing a similar policy on July 27, requiring all customers over the age of 2 to mask up at every stage of the travel process from check-in to baggage claim, except for “very brief” instances when eating and drinking. There are many medical reasons for not wearing a mask. Several conditions apply that must be completed/adhered to prior to travel and receiving a mask exemption. You can’t actually be a direct threat if you don’t have the virus. I flew in May and June with out any issues. Or revealing clothing? Also to respond to Elijah, I wonder if the Christians in Communist Russia or the jews in National Socialist German had that opinion. All customers over the age of two will be required to wear masks or face coverings on board the airplane and at airports. I wouldn’t have flown at all if we knew this was going to be a policy because I know how my son will react. It’s a pandemic and people need to take it seriously. If you can’t wear a mask, it’s unlikely that you’re fit to fly and the airplane can argue that, in any case, it’s not safe for you to do so. As far as employees of the airlines they definitely need to wear a mask since they are in the presence of so many. Legal issues that result from these policies will be pushed into the future and would likely be addressed in an eventual liability shield. American Airlines and Southwest Airlines have ended face mask exemptions for passengers over age 2. Bottom line is the argument that the inability to wear a mask is deemed offensive and dangerous to the majority of passengers and proving a risk to comfort and safety, Is this really any different than, “No Shoes, No Shirt, No Service?” I don’t recall people protesting because they couldn’t smoke on a plane anymore (even when airlines made their own decisions prior to Federal law being mandated…i.e. It is unreasonable to think that a 2 year old can wear a mask effectively. I promise you no spam and no more than one email a day. Negative test means no COVID19 viral RNA (no virus deteced). Now, as part of the federal mask mandate, beginning March 14, 2021, Southwest Airlines will consider applications for exemptions from this mask requirement from Passengers with a disability who cannot wear a mask, or who cannot … Southwest And American Airlines Tighten Their Mask Requirements By Ending Exemptions By Rachel Treisman . Again if one presents a negative test – the burden of proof is on the airline to refute, and likely would need to be a Doctor or medical expert (or an expert witness or a good attorney will eat their lunch in court or when deposed). Regardling other airlines, the Delta STAT-MD solution is clever, in my opinion, because it places a substantial burden on the passenger because of the wait time (around an hour), the uncertainty of the outcome which could disrupt travel plans, and the need to justify oneself to an independent medical professional. You are submitting the information below and as outlined in this Application for Exemption in order for Southwest to evaluate and process your request for an exemption from the federal mask mandate while flying with Southwest Airlines. Would love to network with you as I am passionate about these unlawful mask policies and mandates. a carrier of some disease) according to the language of the law. Southwest and American airlines will no longer have medical exemptions for masks. So now Southwest is mandating a mask for everyone above 2- no exemption for those with disabilities. The American Airlines press release and webpage on masks does not address medical exceptions, so I asked AA on Twitter. In any case, this will likely be covered in an eventual covid-19 liability shield. For instance, if someone comes in with a covid test from the prior 48-72 hours (something many countries are requiring to allow entry, which means that getting such results is both possible and there is precedent for this), and at the same time also presents some kind of medical certification stating that the individual cannot wear a mask, then the airline CANNOT make the argument that there is a direct threat, no matter how much you or most of the other individuals commenting on this site would like it to be otherwise. A man wearing a mask prepares to board a Southwest Airlines flight at Kansas City International airport in Kansas City, Mo. This will take care of most people since they won’t want to go through the process in the first place so will just decide to comply. I just got off a plane with Alaska airlines and they would not let me use my shield even after I asked them if they were supposed to give me accommodations according to ADA and they said “no your accommodation is that you can fly with another airline,” now put a mask on.. But, being the simpleton I am, is their ability to deny boarding to someone wearing an offensive graphic on a t-shirt the same? I meant to say I have certificate saying I am corona free. ), and they can prove that they are not a “direct threat” then you’re right, there is no debate. Or is the airline obligated to prove that the individual IS a direct threat? Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel -- a topic he has covered since 2002. Along with requiring a pre-travel questionnaire at least seven days before departure… Beginning March 14, 2021, Southwest Airlines will consider applications for exemptions from this mask requirement from Passengers with a disability who cannot wear a mask, or who cannot safely wear a mask because of the disability. We do social distancing and order online for everything except some items our state will not allow to be purchased online. Please view our advertising policy page for additional details about our partners. Thank you. Southwest and American Airlines are tightening their mask requirements at the end of July by doing away with exemptions for travelers over the age of 2. My 7 year old daughter has no problem wearing her mask, and wore it the entirety of the flight here. All passengers two and over will be required to wear a mask for the duration of the travel journey, both on the ground and in the air. Then fly the planes directly into the sea. EA Miller IV As part of our Southwest Promise, Southwest has had a mask mandate since May 2020, and there have been no exemptions, except for children under the age of 2 years of age. I still prefer the blanket no exceptions policy. If a customer has a medical condition that prevents them from wearing a face covering or mask, they should speak to a Southwest representative, and Southwest reserves the right to request a medical certificate confirming the customer can complete the flight safely without medical attention and/or that the customer’s condition does not pose a direct threat to the health or safety of others on … The face covering requirements on two major U.S. airlines … The airline is wrongly presuming that every person even though without any symptoms, a positive test result or known exposure to covid, HAS a communicable disease. Although testing positive for the antigen after exposure is only about 12-16 hours lag time = a positive test means your actively infected, but not necessarily infectious at this point. It would be impossible to show that a passenger is not a direct threat because rapid testing is not (yet) a procedure at airports and as some of the reporting mentioned airlines want but the administration does not want temperature checks at airports. The hoops Southwest makes you go through for a mask exemption, Saudi Arabia Tourism Authority sponsored content has been removed from, Pilot Describes Conditions in Hong Kong Quarantine Camp He Spent Six Days in Before Being “Extracted” by U.S. Government, Car rental supply is low and demand is rising, Austrian Airlines extends its DO & CO catering contract out to 2027, New credible evidence of the location of Malaysia Airlines flight MH370, CitiBusiness® / AAdvantage® Platinum Select® Mastercard®, American Arrested In Dubai For Smoking Pot Before His Trip – In Las Vegas, United Airlines Wants Flight Attendants To Provide More Personal Service To Top Elites, Next Week Delta Starts Serving Cocktails In A Can. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. I hope the airlines don’t get away with this. Since you can’t prove that your son is not a direct threat because there is a risk that your child is infected – which is also a risk with every other passenger on the plane – a mask rule remains sensible as a risk minimization measure. Mask pose challenges for Adults and youth with anxiety, PTSD, claustrophobia, Special needs, Autism spectrum disorder even high functioning and crossover with ADHD, and other medical conditions. I am absolutely appalled that American, Southwest, United, Alaska and Jet Blue no longer allow exceptions fo those who have medical (and I presume psychological) reasons for not wearing masks. Anyone who is genuinely too ill to wear even a relatively loose face covering should certainly not be travelling right now. This advice is based on the safety and overall interest of the child and the capacity to appropriately use a mask with minimal assistance". Nor has it responded to requests … Masks On Airplanes: American, Southwest Airlines Say No Exemptions Will Be Made About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube … American And Southwest: No More Medical Exemptions To Mandatory Mask Policy. I do hope that you find clients that will sue, and I do hope that you will win. So in the absence of rapid test and temperature scans and in the interests of airline survival, you have this. Alaska Airlines is issuing yellow cards to passengers who repeatedly refuse to wear a mask. So someone who has a negative COVID test within the past 72 hours – is probably the safest person to sit next to on the plane. Not any longer. How Southwest Airlines Circumvents The Mask Exemptions Required By The Federal Government - View from the Wing viewfromthewing.com - Gary Leff • 13d News and notes from around the interweb: The hoops Southwest makes you go through for a mask exemption before President Biden made masks a federal … Read more on viewfromthewing.com American Airlines and Southwest recently announced they would no longer allow passengers who can't wear masks due to medical exemptions. Photo Credit: Southwest Airlines. Will miss the @united #globalfirstlounge at #ord. And now they are all okay with discrimination against me due to my injuries, because the media and a “man” who cannot throw a darn baseball tell them to be afraid. But Is It Legal? Am passionate about these unlawful mask policies immediately won ’ t a direct threat is EXTREMELY in! Night which is handy where air conditioners are musty in hotels will we be able to issue a notice non-compliant! 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