Last month, the Department of Justice announced the withdrawal of 11 pieces of guidance that supported the implementation of the Americans with Disabilities Act. These guidelines were meant to direct businesses to best practices in accessibility for serving people with disabilities. ADA implementation guidance offers important guardrails for protecting people with disabilities from discrimination in public life. Of the withdrawn guidance, many of these developments have implications for the health of people with disabilities.
One piece of guidance advised hospitals and medical facilities to allow people with disabilities to have a family member, companion, or aid with them when accessing care. Visitor access in care settings is a critical support for people with disabilities. This was crucial guidance to medical providers during the early years of the COVID-19 pandemic. At that time, many hospitals had implemented no-visitor policies, which limited the ability of people with intellectual and developmental disabilities to get the support they needed. While many of these visitation policies ended with the expiration of the Public Health Emergency declaration in May 2023, public health precedents like this are important for future pandemics. COVID-19 showed that people with disabilities are more likely to be at risk of infection and systemic ableism in accessing care, including discriminatory triage practices. Accommodations that ensure adequate support in health settings are a critical piece of our care infrastructure.
Another piece of guidance advised businesses on how best to accommodate people with disabilities who might not be able to wear masks in compliance with COVID-related mask mandates. The guidance outlined alternative methods they might use to continue to serve people with disabilities safely. Businesses that implemented strict mask policies were expected to follow guidance from state and local government sources, including the Centers for Disease Control and Prevention (CDC), to inform their public health protocols. They were also expected to offer reasonable modifications to their mask policies, or alternative service delivery, to accommodate customers with disabilities. This guidance helped people with a variety of disabilities to access needed services, including those with respiratory conditions, cerebral palsy, PTSD, autism, and those who use mouth control devices to operate their mobility or assistive devices. Masking accommodations ensured that broad public health mandates wouldn’t undermine the ability of all people with disabilities to access essential resources and appointments during the height of the pandemic.
With the end of the Public Health Emergency declaration, the cadence of COVID-19 data collection and national level surveillance shifted. Despite the move away from mask mandates, there continues to be concern across the disability community for post-viral conditions like Long COVID. In 2021, the DOJ and HHS issued guidance on when Long COVID could be considered a disability under national disability nondiscrimination laws like the ADA. Now in 2025, mask ban proposals and policies are emerging in places like North Carolina, Chicago, and New York City. NYC mayor Eric Adams has even encouraged business owners to deny entry to anyone wearing a mask, regardless of their medical conditions or health status. Under these conditions, we should see new DOJ guidance protecting people with disabilities and those who are immunocompromised from mask bans that deny the lifesaving role of these basic public health measures. Especially as Long COVID health research is facing cuts under the Trump administration, basic preventative health measures are needed to slow the rise of new cases. Those that want to mask to protect their health should have the right to do so. The intent of the ADA was to allow people with disabilities to live, work and participate in their community free of barriers. For those who rely on masks to protect them, a mask ban would create a barrier that would prohibit them from fully engaging in their community. Despite claims that the COVID-19 pandemic is over, advocates continue to fight for people who face illness and disability due to the virus. Federal data monitoring simultaneously continues to show ongoing viral presence through wastewater surveillance tracking as part of the COVID Data Tracker.
People with disabilities are still protected under the Americans with Disabilities Act (ADA) and other nondiscrimination protections. When accessing health services, people should still advocate for the accommodations they need to receive care, including provider masking and telehealth. AAHD advocates for full community inclusion and equitable health outcomes for people with disabilities, regardless of who they are. To fully realize the vision of the ADA, disability and accessibility need to continue to be a priority that the DOJ defends. This work is critical to the health of people with disabilities. We need clear guidance on disability best practices to ensure a future free from discrimination in public life.
To learn more about the history of the Americans with Disabilities Act, check out the new PBS documentary Change Not Charity.
The following list includes the Revoked DOJ Guidance sections that affect the implementation of the Americans with Disabilities Act:
- COVID-19 and the Americans with Disabilities Act: Can a business stop me from bringing in my service animal because of the COVID-19 pandemic? (2021)
- COVID-19 and the Americans with Disabilities Act: Does the Department of Justice issue exemptions from mask requirements? (2021)
- COVID-19 and the Americans with Disabilities Act: Are there resources available that help explain my rights as an employee with a disability during the COVID-19 pandemic? (2021)
- COVID-19 and the Americans with Disabilities Act: Can a hospital or medical facility exclude all “visitors” even where, due to a patient’s disability, the patient needs help from a family member, companion, or aide in order to equally access care? (2021)
- COVID-19 and the Americans with Disabilities Act: Does the ADA apply to outdoor restaurants (sometimes called “streateries”) or other outdoor retail spaces that have popped up since COVID-19? (2021)
- Expanding Your Market: Maintaining Accessible Features in Retail Establishments (2009)
- Expanding Your Market: Gathering Input from Customers with Disabilities (2007)
- Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities (2006)
- Reaching out to Customers with Disabilities (2005)
- Americans with Disabilities Act: Assistance at Self-Serve Gas Stations (1999)
- Five Steps to Make New Lodging Facilities Comply with the ADA (1999)