Across several U.S. states, recent anti-mask laws have targeted university student protesters speaking out against the ongoing genocide in Gaza, Palestine. In May 2024, Ohio Attorney General Dave Yost alerted 14 public universities that student protesters could face felony charges for violating anti-mask laws, carrying penalties of 6-18 months in prison. While legal expert Rob Barnhart notes that the 70-year-old law has never been used until now, U.S. laws targeting physical appearance are nothing new. Alice Wong, founder of the Disability Visibility Project, warns that these mask bans are the new “ugly laws”–ordinances from the 1860s meant to “prevent disabled people from being in public, especially those who appeared to be unsightly, physically disabled, or diseased.” 

For many student protestors, masks provide anonymity. But for disabled and immunocompromised students, masks are essential to prevent severe illness or death from COVID-19. Employment law specialist Allen Smith points out that workplaces have increasingly established policies against mask-shaming. The Bureau of Labor documented that 22.5% of disabled Americans were employed in 2023–the highest percentage ever recorded. However, national mask bans could challenge this recent victory and further endanger the career prospects and mental health of disabled and immunocompromised university students.

While the Americans with Disabilities Act (ADA) requires companies to make reasonable accommodations for disabled Americans to enjoy equal opportunities in workplaces and other public areas, its protection is limited. The Petrie-Flom Center at Harvard Law School laments that “the ADA does not reach every workplace” when discussing University of Alabama v. Garrett. In that case, where one petitioner faced job discrimination for having breast cancer, and another petitioner was denied accommodations for asthma, the Supreme Court ruled that employees cannot sue for disability discrimination. Though disabled employees can request masking accommodations, employers evaluate these requests on a case-by-case basis, making it harder for workers to seek protection.

Mask discrimination not only limits job opportunities for disabled Americans but also exacerbates racism and harms mental health. A 2022 study on young Latina college students revealed that some experienced grief and financial anxiety after losing relatives to COVID-19. Another study on Asian international students in U.S. universities found that 18.6% of participants reported self-harming thoughts during the pandemic due to discrimination while wearing masks. Cindy-Ann Thomas, an employment attorney, states that people of color and disabled communities face higher COVID-19 infection and death rates, which reflects “their experiences and vulnerabilities.” 

Failing to protect Americans conscious of COVID-19 from mask-shaming can also have severe health consequences. The CDC recognizes Long COVID as a disability, with symptoms that can trigger or worsen diabetes, blood clots, and neurological conditions. While many rely on the CDC for the most current COVID-19 guidance, the organization has faced criticism for shortening isolation periods to 5 days or less based on symptoms rather than test results. Briana Mills, a Californian with muscular dystrophy, criticized federal health officials in Time Magazine for “letting not just disabled people, but people in general, either become disabled or pass away from this virus.”

While these developments feel dystopian, everyone can take steps to better support disabled and immunocompromised students. In Wong’s Teen Vogue article “Mask Bans Insult Disabled People, Endanger Our Health, and Threaten Our Ability to Protest,” she encourages speaking about the pandemic in the present tense, acknowledging that COVID-19 remains an ongoing concern for the disability community. She also emphasizes wearing masks whenever possible and contacting elected representatives about proposed mask bans. Above all, her most important step is to “listen to and believe disabled people, for we are oracles who have much wisdom to share with the world while we are still here.”