Wire Instructions for Cotswold Insurance Limited at Bank Leu
Via PDF
April 6, 2021
Mr. John Smith
Sarasota, Florida
Re: Americans with Disabilities Act 1990 and Covid 19 restrictions
Dear Mr. Smith:
You have asked me to opine on your rights as a US Citizen or resident under the provisions of the Americans with Disabilities Act of 1990, codified as 42 U.S.C. § 12101, et seq., (hereinafter, “the Act” or “ADA”).
You have represented to me that a qualified medical doctor has diagnosed you with a medical condition which meets the criteria envisaged and protected by application of the Act.
As such, you meet the definition of a person having a “disability” under Sec. 12111.(A)(8) of the Act .
Furthermore, all persons and entities conceived by the Act must provide you with “reasonable accommodation” under Section under Sec. 12111 (9) & (10) et seq.
Such accommodation certainly includes your ability to breathe freely without impairment, which could or would be caused by mandatory mask or filter apparatus wearing as mandated by private businesses or public offices that you have occasion to visit, referred to as “Public Accommodations” under Title III of the Act.
Pursuant to your rights under the ADA, all such persons engaged in commerce or business must provide you with a “reasonable accommodation” if they are open to the public or engage in interstate commerce; or face, inter alia, significant penalties (see: Title III supra.)
As such, it is my opinion that you cannot be compelled to wear any such device or apparatus that would interfere with your health, safety or welfare under the provisions of the Act. Further that any business or government office that is open to the public must have alternate means of accommodating your disability. It is the obligation of the business to accommodate you,; it is not your obligation to amend or ignore your medical need for unobstructed breathing.
Failure to accommodate you creates the jurisdictional basis for tort claims and personal injury damages; and in certain cases may give rise to a State’s Attorney General bringing suit, which can include injunctive relief and monetary penalties.
I hope this letter meets with your approval and encourage you to provide same to any person or body seeking to impose such restrictions or mandates upon you. Depending on which state you are in at the time of any such discrimination and where you are at the time (i.e. public place), it may be helpful for you to record any interaction with a person that seeks to or does deprive you of your rights under the Act. If you do so, please ensure to tell the person you are going to record them and make the recording device visible to all parties and on-lookers. This will serve as valuable evidence in any suit brought under the Act.
Sincerely,
Todd S. Callender, Esq.
Colo. Atty. Reg. #25981
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