North Carolina Passes HB 237 and Bans Medical Masks in Public

This discriminatory and ableist bill puts lives at risk and further isolates vulnerable people from society. It's pandering to anti-maskers who seek to punish disabled and high risk individuals.

A few weeks ago I wrote an article about eugenics, ableism and the proposed mask ban bill in North Carolina. The bill - NC HB 237 - proposed the banning of all medical masks and the removal of existing medical exemption.

I was concerned the removal of the medical exemption was strategic - so they could put it back later and act like they were doing the disability community a favour. So that we would ‘think’ they were listening and considering NOT putting our lives at risk - when in reality they had no intention of allowing us the ability to protect ourselves.

“Later” has arrived. The House and Senate passed the revised bill with incredibly problematic language. It “allows” medical masks for the purposes of avoiding SPREADING a communicable disease. The bill says medical and surgical masks will be permitted under the most narrow of circumstances but we don’t know if respirators like P100s and N95s will be allowed. In a world that’s increasingly abandoning all infection control measures - many people have upgraded their PPE to half and full face respirators to give them their best chance of avoiding infection.

We also don’t know whether you will be able to wear a mask to avoid CATCHING a disease. This language is purposefully vague and sounds as though you have to already BE Covid positive in order to mask. People can barely access Covid tests in the US right now - so if you have to prove you’re positive in order to not be breaking the law - very few people will be able to mask.

Medical exemptions are extremely problematic in that they put undue burden on disabled individuals. They force us to obtain a medical note that not everyone can afford or access - and then if questioned by law enforcement we may have to unmask while they assess the validity of our exemption. Given Covid can infect in seconds - immune compromised people can’t take that risk. 

Medical exemptions also ignore the fact that disabled people don’t live in a vacuum. We have family, friends and caregivers who need to mask to avoid bringing Covid home to us. 

And what about people who need to mask to avoid pollen, chemical scents or wildfire smoke? They won’t be able to under this new bill. Last year we saw record wildfires with many days of dangerous air quality all over Canada and the US. This year is forecast to be even worse. It’s absurd to think that people won’t be able to wear a respirator to protect their lungs from dangerous amounts of smoke and chemicals.

This bill effectively discourages ALL masking - during an airborne pandemic and with another potential pandemic looming due to continued spread of H5N1. It WILL cost lives. 

Photo by Liam Edwards on Unsplash

Image Description: A group of protestors are seen from behind. A woman in a print dress holds up a sign that reads: ENOUGH.

Masks are politically unpopular right now - even though they should never have BEEN politicized. They’re a medical tool that’s needed in an airborne pandemic - especially now that other tools have been dismantled. Making them illegal is discriminatory and furthers an ableist agenda. It’s blatant pandering to right wing voters who blame vulnerable individuals for mandates and stay at home orders during the height of Covid. Their blame is woefully misplaced - disabled people certainly didn’t make or enforce any Covid policy. Clearly the North Carolina government doesn’t care about that and are fine putting a bill into law that effectively excludes us from ALL public places.

Perhaps the most problematic part of the bill is the language that states that any member of the public can request you remove your mask. The best case scenario is this could allow private owners to ask you to remove your mask for identification purposes. 

Worst (and more likely) case is that anyone in public could legally start harassing and haranguing someone until they take off their mask. 

Imagine if we passed a law that allowed someone to demand another person abandon their wheelchair? Or a mobility device? We can’t let this happen. 

We’ve seen increasing hostility towards mask wearers for years - with many saying they wish they could “rip the mask off our face”. While this bill doesn’t make physically removing someone else’s mask legal - it comes awfully close by allowing people to demand we de-mask.

Lastly - hospitals are public places. So if any owner of a public or private business can demand you remove your mask or refuse you service - does this mean we could theoretically be forced to abandon our PPE to access healthcare? 

The mere possibility of forcing someone to forgo protection in a hospital is a terrifying example of how far we’ve fallen. Our rush back to normal has vilified disabled and high risk people so much that most of society are fine with us not being able to access medical care. Most hospitals have dropped mask mandates, healthcare workers are going to work Covid positive… our ONLY remaining protection was our own mask.

Photo by Önder Örtel on Unsplash

Image Description: A woman in a black shirt and a white N95 respirator presses her hands against glass and looks longingly out window

I urge everyone to call their local officials and tell them they won’t stand for the banning of medical masks with or without an exemption. If you don’t live in North Carolina you can still call and say you will never visit or spend a dollar in the State until this bill is reversed. Call the Governor of North Carolina and tell him to veto.

We should ALL be pushing back because if this bill stands it’ll be the first of many just like it. Other States and countries will adopt similar laws and it will embolden those who seek to harm people who are still masking and/or disabled. It’s going to further divide and segregate society along health lines - a very slippery slope into eugenics.

We need to say “enough is enough” and demand that we retain a critical tool to keep ourselves safe from Covid and other diseases. We all share the air - if we care about the quality of that air we will be healthier and happier.

Get loud, work fast and don’t stop putting pressure on lawmakers - together we can make sure those in power know that we’re done falling by the wayside. Done being treated as less than. Done being denied safe access to public spaces. We’re a large group and we CAN turn the tide.

I’m not American and have never been to North Carolina - but this is something I’ve been fiercely advocating against because I think it’s important for people all over the world. If this passes (especially without opposition) it is precedent setting and dangerous for everyone.

Below is a copy of the bill in its current state. You can call the North Carolina Governor at (919) 814-2000 and demand he veto this bill. Even if unsuccessful - it’s incredibly important we get it on record that MANY people oppose this law. You can also email Governor Cooper directly via this link: https://governor.nc.gov/contact

For more information there’s an excellent article about this bill and what it could mean here and the Charlotte Mask Bloc on X are leading the charge opposing it.

One last thing - if you’re able to wear a mask and you aren’t - now would be a great time to start. The more people wearing masks and respirators in public the more they become normalized. If they’re normalized as a health device (which they are) it will be harder to pass laws banning their use. Please don’t give up - today is a very dark day for disabled, immune compromised and Covid cautious people - but I still believe that together we CAN and WILL get this overturned.