QUESTION
Can you treat a person with a medical disability differently at a restaurant?
Asked on May 03rd, 2021 on Americans with Disabilities Act - Ohio
More details to this question:
My daughter went to a restaurant in Ohio and was told that she had to wear a mask. She has a medical disability and when she wears her mask, it exasperates her condition. She was told she had to wait outside because she’s not wearing a mask. Wouldn’t it be the same thing if she was in a wheelchair and was told that you had to wait outside?
1 ANSWER
Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH
at
Legacy Law Firm, LLC
Update Your Profile
Your situation is actually where the restaurant did not treat her differently from anyone else. Since it's a privately owned company they are within their rights in this regard. Additionally, nobody suffered any injury or pecuniary damages as a result of the incident. The company has a legal responsibility to ensure the safety of its employees and patrons. They are not in a position to dispute a medical condition someone claims they have. If someone does not want to follow the rules of the restaurant, they are free to patronize another establishment.
Answered on May 03rd, 2021 at 11:17 AM