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COVID 19 - Alt Views Self Declaration Mask Exemption Letter

NiceNin

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I have a legit exemption letter from my Doctor but they will probably start clamping down even on legit exemptions.

That's why I will never wear a mask now under any circumstances because it normalises mask wearing in public.
The legislation and guidance does not require production of a medical certificate. No one should have to class themselves as "disabled" in their medical records because they refuse to wear a face mask which has potentially very damaging health effects. By this legislation the Statute Book has been usurped by criminals. There is no obligation on anyone to comply with criminality. I have a fake doctors certificate now for use if I'm refused access anywhere and it's a beauty. Fight fire with fire.
 

Charlottesweb

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Can you elaborate on that?
No problem.

First thing is that it is not an offence to ask a question. Anyone is permitted to ask any question of anyone. So if a shopkeeper asks you what your medical exemption is, they are entiteld to ask that. You are just as entitled to refuse to give them that information. Now, the shopkeeper can draw their own conclusion from that and they might refuse to serve you or allow you enter the shop. In the same way that you do not have to prove your exemption to maskwearing, the shopkeeper is also entitled to take a view that you are not being truthful. They are also allowed to do that but in doing so they risk falling foul of the Equal Status Acts.

So if you are disabled and have been refused service on the basis that you are not wearing a mask, it is open to you to make a claim to the Workplace Relations Commission for discrimination. Bear in mind that at the WRC, you will have to prove that you have a disability so you will have to reveal your medical details.

However, an shopkeeper has a number of defences at their disposal in this circumstance. I previously outlined that sections 4 (4) , 14 (1) a) i) , 14 (1) b) ii) 15 (1) and at a stretch, Section 16 (2) a) are all relevant in this regard.


Given the extreme circumstances we find ourselves in what with a pandemic and the need for shopkeepers t protect other customers and their staff, there are a number of avenues that a shopkeeper would be able to defend a claim of discrimination on disability grounds, where you have an unmasked person seeking entry to your shop without any obvious disability and who will not show a letter.

The safest thing for shopkeepers to do is if an unmasked person approaches, you provide them with a mask or if they will not wear one, then you tell them that they cannot come in but if they wish to provide a list of items that a member of staff can fetch for the customer.
 
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IrishJohn

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No problem.

First thing is that it is not an offence to ask a question. Anyone is permitted to ask any question of anyone. So if a shopkeeper asks you what your medical exemption is, they are entiteld to ask that. You are just as entitled to refuse to give them that information. Now, the shopkeeper can draw their own conclusion from that and they might refuse to serve you or allow you enter the shop. In the same way that you do not have to prove your exemption to maskwearing, the shopkeeper is also entitled to take a view that you are not being truthful. They are also allowed to do that but in doing so they risk falling foul of the Equal Status Acts.

So if you are disabled and have been refused service on the basis that you are not wearing a mask, it is open to you to make a claim to the Workplace Relations Commission for discrimination. Bear in mind that at the WRC, you will have to prove that you have a disability so you will have to reveal your medical details.

However, an shopkeeper has a number of defences at their disposal in this circumstance. I previously outlined that sections 4 (4) , 14 (1) a) i) , 14 (1) b) ii) 15 (1) and at a stretch, Section 16 (2) a) are all relevant in this regard.


Given the extreme circumstances we find ourselves in what with a pandemic and the need for shopkeepers t protect other customers and their staff, there are a number of avenues that a shopkeeper would be able to defend a claim of discrimination on disability grounds, where you have an unmasked person seeking entry to your shop without any obvious disability and who will not show a letter.

The safest thing for shopkeepers to do is if an unmasked person approaches, you provide them with a mask or if they will not wear one, then you tell them that they cannot come in but if they wish to provide a list of items that a member of staff can fetch for the customer.

Thing is we are not in a "pandemic".

You would want to be thick to believe that.
 

Charlottesweb

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Thing is we are not in a "pandemic".

You would want to be thick to believe that.

Whether you believe it or not is irrelevant. For the purpose of a hearing before the WRC, they will accept that the government has announced it as such.
 

Charlottesweb

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Its not what I believe the official death figures prove we are not in a "pandemic".
Wrong, there is no requirement for any deaths for the definition of a pandemic to be met. And this is also beside the point. If you are befoer the WRC in a discrimination claim, the WRC will accept it as a fact, that there is a pandemic. End of story.
 

Vengeful Glutton

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No problem.

First thing is that it is not an offence to ask a question. Anyone is permitted to ask any question of anyone. So if a shopkeeper asks you what your medical exemption is, they are entiteld to ask that. You are just as entitled to refuse to give them that information. Now, the shopkeeper can draw their own conclusion from that and they might refuse to serve you or allow you enter the shop. In the same way that you do not have to prove your exemption to maskwearing, the shopkeeper is also entitled to take a view that you are not being truthful. They are also allowed to do that but in doing so they risk falling foul of the Equal Status Acts.

So if you are disabled and have been refused service on the basis that you are not wearing a mask, it is open to you to make a claim to the Workplace Relations Commission for discrimination. Bear in mind that at the WRC, you will have to prove that you have a disability so you will have to reveal your medical details.

However, an shopkeeper has a number of defences at their disposal in this circumstance. I previously outlined that sections 4 (4) , 14 (1) a) i) , 14 (1) b) ii) 15 (1) and at a stretch, Section 16 (2) a) are all relevant in this regard.


Given the extreme circumstances we find ourselves in what with a pandemic and the need for shopkeepers t protect other customers and their staff, there are a number of avenues that a shopkeeper would be able to defend a claim of discrimination on disability grounds, where you have an unmasked person seeking entry to your shop without any obvious disability and who will not show a letter.

The safest thing for shopkeepers to do is if an unmasked person approaches, you provide them with a mask or if they will not wear one, then you tell them that they cannot come in but if they wish to provide a list of items that a member of staff can fetch for the customer.
The SI clearly states that you don't have to wear a mask if you have a reasonable excuse for not wearing one. A reasonable excuse can include hyperventilation caused by the stress of wearing a mask, a heart condition or respiratory illness, distress,.........there's a myriad of medical conditions that could be exacerbated by wearing a mask.

A shopkeeper/supermarket manager can challenge you, but a simple polite response informing them that you cannot wear a mask will be met with an "OK". They cannot demand personal information from you, only recommend that you wear a mask.

In this instance, the law is clearly an ass. In all likelihood most people recognize that, but most people either don't know/understand the law or are simply afraid of straying from the herd.
 
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