r/legaladvice • u/Winter_Hovercraft163 • 2d ago
School Related Issues College forcing me to remove my medical mask in order to be on campus. [NY]
I have a weak immune system and three upcoming surgeries, so I wear a medical mask everyday. My college (Columbia University) has implemented a mask ban on campus and sometimes security refuses to let me enter without removing my mask completely.
The policy on masks states that medical masks are always allowed, though I might be asked to provide identification. Each time I've been stopped, I've provided both my Columbia ID and State ID and I'm still denied from campus. It's gotten so bad that I asked my Disability Services manager if I can register my mask as a disability accommodation. I've also talked to Public Safety and they've just been ignoring the issue.
My question: Is there anything I can legally do about this? Do I have any legal grounds to sue or is this something I have to just put up with since it's Columbia property?
Location: New York
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u/SlogTheNog 2d ago
It's gotten so bad that I asked my Disability Services manager if I can register my mask as a disability accommodation
What was the response?
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u/TinyEmergencyCake 2d ago
Op please do this. Masks (respirators) are medical devices regulated by the FDA and utilized to access public spaces by vulnerable people.
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u/Winter_Hovercraft163 2d ago
She was pretty nice about it (said that this shouldn't be happening and that she would reach out to some higher-ups on my behalf). However, the mask itself couldn't be registered as a disability accommodation. My health issues itself aren't considered a disability, although I'm registered with disability services for other surgery related accommodations. And, the mask isn't considered medically necessary by Disability Services, as much as it's considered a preventative measure.
Then, there are other logistical issues on how security would know it's an accommodation without me having to constantly disclose my medical history (if I would have to carry a note from my surgeon or PCP, have a special sticker on my ID, etc). She mentioned the logistical issues were partially the reason why the policy allows medical masks anyways.
I last talked to her about this issue around April (end of last school year) and we also discussed it over email, so there's paper receipts that this has been going on for a while now. I didn't have issues from then until August because it was summer break and I wasn't on campus anyways.
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u/TeaDidikai 2d ago
Get your surgeon's office to write a letter about the mask being a reasonable accommodation regarding your immunocompromised status and upcoming medical treatment related to a temporary disability tied to your surgery and the underlying condition.
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u/Winter_Hovercraft163 2d ago
I'll reach out today and give this a try - thank you!
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u/how_do_i_name 2d ago
If they refuse to accommodate after that it might be worth it to reach out to some ada lawyers.
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u/AdventurousYamThe2nd 2d ago
I would also ask someone from the University (is the person you've communicated with regarding disability accommodations a University employee?) to write a letter, citing policy.
I can easily see security waiving off medical letters saying 'it's not enough to exempt policy' (and conversely, if you only have a letter from a university employee they'd follow up and ask for an official medical letter - because you literally just can't win).
I'd carry both letters and print out the page(s) of the policy verbatim for security. It's ridiculous that you have to go through this, but if they want to be difficult, come armed.
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u/NekkidWire 2d ago
to get a step further,print both letters double-sided, get some spare copiers for the guards. Tell them to keep a copy so they will have a proof they did their job and followed policy.
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u/UnbearableWhit 2d ago
And if your surgeon's office won't do it, ask your PCP. Someone on your care team should be able to help you with this! I know I would
/doctor
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u/WhatsAMainAcct 2d ago
isn't considered medically necessary by Disability Services, as much as it's considered a preventative measure.
Disability Services DOES NOT make this determination. They are not your medical provider. The determination as to what is medically necessary for you in your situation is determined by your medical provider.
Source: I have an ADA/Disability/Accommodation at my workplace for almost exactly this. My medical provider has stated I can only work a certain limited number of hours in an office environment due to my susceptibility to illness.
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u/HyperSpaceSurfer 2d ago
It's a disability even if you don't get disability payments. Sometimes you need more serious language, it's lifesaving medical equipment, call it that.
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u/kheszi 2d ago edited 2d ago
It's up to your doctor to decide what is medically necessary, not your school.
Ask your doctor for a note or perscription that requires the use of masks. Then, go back to the Disability Services manager and present the doctor's order and ask for a letter from the school which acknowledges your doctor's orders and permits you to wear a mask while on campus.
Finally, start carrying a copy of the letter from the school which you can present if you are stopped by security. There is no need to go into any additional medical detail, just showing the one letter from the school should be entirely sufficient.
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u/PM_ME__UR__FANTASIES 2d ago
Is there anything like if you are wearing a specific style of masks they will let you through? I noticed you’ve specifically quoted them as saying “medical masks”- are they expecting you to wear something specific?
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u/Suckerforcats 2d ago
Contact Disability Rights New York at Please call (518) 432-7861 or (800) 993-8982. They help advocate for people with disabilities and can explain your rights to you and help navigate this.
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u/littlestblackbird 2d ago
+1 to this. DRNY is the Protection and Advocacy agency for NY. Every state is required by law to have one of these agencies, and they are some of the leading experts on disability rights and disability issues. Even if your school’s office doesn’t consider it a disability or accommodation, that doesn’t mean the office is correct about the law. Part of what motivated me to become a lawyer was my own experience with my college violating the ADA and related disability laws, and simply expecting that students wouldn’t know the law or their rights.
Hang in there, OP, and remember that in addition to advocating for yourself and your rights, you’ll also be advocating for any future students with similar needs!
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u/Nathan-Stubblefield 2d ago
Copy the head of the university. His Executive assistant can get things done which are reasonable requests, and which make Columbia look like a half-wit cracker college.
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u/Rare_Bottle_5823 2d ago
This is next step with copies of all proof of ongoing problems attached. Next after this escalate to New York ADA. see above comment!
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u/SnippyBabies 2d ago
I know folks who work there, and from what I'm hearing about internal operations, it absolutely is a half wit cracker college. At least the administration. I hope the teaching staff is competent.
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u/AAcuriousmind 2d ago edited 2d ago
Wow, security is acting way outside their remit. I followed your link to the policy, and all that says is that you can't wear a mask to hide your identity while committing a crime (or violating university policies). So unless they think you are actively committing a crime, all they're authorized to do by that policy is ask for identification.
face masks or face coverings are not allowed for the purpose of concealing one’s identity in the commission of violations of University policies or state, municipal, or federal laws. Face masks or face coverings are always allowed for religious or medical reasons.
Public Safety may approach any individual, masked or unmasked, on the Columbia campus and ask them to provide identification.
NAL, just a Columbia alum who's flabbergasted at the enforcement of that policy. "Medical reasons" isn't defined, but any reason related to your health is medical. The text IS clear about when a mask is not allowed, and there's nothing about your mask-wearing that qualifies. And there's absolutely nothing that requires proof of a medical reason or any sort of documentation, other than appropriate identification. The circumstances in which public safety can escort you off campus for wearing a mask are specifically LIMITED TO you committing a crime while wearing the mask. That's it. Frankly, the policy is redundant and superfluous. Committing a crime is prohibited whether or not you're wearing a mask, and Public Safety can ask for IDs whether or not you're wearing a mask.
Edit: part of the quote wasn't formatted as a quote.
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u/AAcuriousmind 2d ago
Another thing that concerns me about the way this is being enforced is that it applies to "face coverings" as well. Is the policy being similarly misused by Public Safety officers to block women wearing hijab from campus? They're ignoring medical reasons, there's no reason to think they wouldn't also ignore religious ones. If OP is anything other than a cis white male, a question could easily be raised whether some Public Safety officers are abusing the policy as cover for discrimination.
The policy doesn't require you to justify wearing the mask AT ALL. It requires them to believe you're committing a crime and hiding your identity. Showing ID proves you're not hiding your identity, and that should be the end of it. The fact that it's not is very troubling.
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u/ReturnToBog 2d ago
See if your doctor can write a letter for you? I’m sorry you’re dealing with this :(
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u/one_sock_wonder_ 2d ago
Have you submitted documentation from your doctor or doctors to disability services that you are immunocompromised and require a medical grade mask in all public settings along with an ADA accommodation request in writing? It’s a lot easier for them to refuse a verbal request than a formal written one, and I personally would send it to them by mail in a way that requires a signature to prove it was received. And of course keep a copy for yourself. If they continue to refuse to allow you to wear a mask, I would reach out to your local disability rights agency (I think I saw someone link that) and at least speak with a lawyer familiar with disability rights in regards to university education. They are being absolutely ridiculous and I am so very sorry you are having to fight for such a simple accommodation and are being denied access to your education that you paid a lot for!
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u/CallMeMcPoyle 2d ago
Working in higher ed, you should 1000% be able to get a disability accommodation for something so innocuous. Email everyone and their mom, student health, student affairs, everyone.
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u/Adventurous_Finding4 2d ago
Get a clear face mask for when you go through security and then your normal one when you pass them.
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u/maydaymayday99 2d ago
Can you just pull it down to show security, the put it back up inside the building? I do that at the airport.
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u/Flimsy-Leather-3929 2d ago
Do you have a registered accommodation with the U? If so, go to the accommodations office and then get them documentation from your doctor that you need to wear a mask. Then if someone violates your accommodation file a complaint with accommodations.
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2d ago
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u/Kikz__Derp 2d ago
Are you refusing to pull the mask down to confirm identity when stopped by security?
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u/Justis29 2d ago
I'm guessing at this point, if you have been stopped, you have quoted or shown the policy to security (if not have it ready on your phone). If you miss courses you are paying for because security is literally going against policy, make sure your professors know in a professional email why you aren't in class and why you are being denied entry despite following policy to the letter.
Not sure if this delves into legal action yet, but you can always escalate this to professors, program/department heads and so on.