Navigating mask rules for the deaf

“I can handle myself during any encounter with people who are not kind or accommodating. I’ve had my fair share of them, mostly due to them being ignorant or uninformed. But my children are still very young and not as experienced as I am,” said Jane. “I try to be a good role model for my kids when it comes to advocating for one’s own needs, but it’s hard for me to accomplish that if the other person refuses to remove her mask to communicate or seek an alternate way to communicate.” 

Encountering masked officers

Recently, the difficulty of navigating masks was brought to the forefront for Jane and her family when she was pulled over by a masked San Mateo County sheriff’s deputy while in Half Moon Bay. Jane said after the deputy began to communicate his reasoning for stopping her she attempted to explain to him she is deaf and requested him to either take 6 to 10 feet back to safely remove his mask or to grab a pen and paper to communicate. 

“I had no idea why I was pulled over because I couldn’t read his lips with his mask on,” said Jane. “While I do not question the importance and necessity of wearing them for safety and health reasons, I wish some people would be more kind and accommodating when I tell them I can’t understand them with their masks on, especially if they are police officers.” 

Jane, who said she was born “profoundly deaf” and relies on reading lips to communicate, was forced to FaceTime her mother to help interpret after the deputy requested her 8-year-old daughter sitting in the backseat to do so, scaring the child into tears. Jane said she was grateful her Florida-based mother, Linda, answered her phone. Linda is also using a pseudonym to protect her identity. Through her mother Jane discovered she’d been pulled over for a minor traffic violation.

Cross-country interpreting 

Linda expressed concern for her daughter, sharing that both Jane and her own daughter were very upset during the interaction. While she noted the event was “unfortunate” she also said she believes the officer tried his best to communicate in a foreign situation and hopes he learned from the encounter. 

“He was doing the best he could. My sense of him is that he was in a situation he’d never been in before. I kept saying to him it’s a training issue,” said Linda, who added that the officer said he was not allowed to remove his mask. 

Linda also said the officer noted he had been in the force for a number of years making it unlikely the communication barrier was due to a lack of training. 

“He was doing what he was told to do and stood by protocol,” said Linda. “I hope he tells his co-workers about what happened and uses it as an opportunity to educate the police force of the challenges of the deaf community rather than frighten them.”

While the deputy was unavailable for comment, Sheriff’s Office spokeswoman Lt. Stephanie Josephson said deputies are encouraged to communicate with individuals they encounter in the style which works best for that individual, even when wearing face coverings. 

“They want to ensure both the safety of the person they’re interacting with and their own safety. If the person would prefer to use writing or typing (like maybe as a note on a cellphone), that would be great. Otherwise, if they can find a way to talk maybe with a plastic barrier or glass between them, that could help with lipreading,” said Josephson through email. 

Laws on accommodation

Within the state issued COVID-19 health order, special permissions are granted to allow for the removal of face coverings when communicating with the deaf community. According to a statement by Howard A. Rosenblum, the CEO of the National Association of the Deaf, federal law, under the Americans with Disabilities Act of 1990, also mandates public officials provide effective communication for individuals with various disabilities, including the deaf or hard of hearing. 

“Masks are essential for everyone’s safety, and there are ways to provide effective communication without compromising anyone’s safety such as the use of clear masks and/or clear face shields, pulling masks down with appropriate distancing so others can lip-read, using your own phone to type messages, and simply writing on paper,” said Rosenblum’s statement. 

He also said in a statement that engaging family members for assistance is against federal law, included within the ADA. Within the statement, he said the organization has received numerous reports over the years of people refusing or failing to accommodate communication needs of the deaf or hearing impaired. Complaints have also been filed in regards to officers attempting to communicate through the assistance of young children as interpreters.

Following the encounter, Jane said concerns of a repeat incident has made her nervous to drive but she’s used the experience as a teaching lesson for her daughter, who expressed guilt for being unable to help in the situation.

“I explained that he had probably never met a deaf person before, and did not understand what he was supposed to do. I agreed that it was unnecessary for him to be rude in response. I told her that he needed training and more education on how to interact with deaf civilians on the job,” said Jane. 

While Jane said she would appreciate an apology from the officer, her main hope is to encourage greater sensitivity training within law enforcement and to bring awareness to the hurdles faced by the deaf community now tasked with navigating a masked world. 

“It is important to raise awareness and sensitivity for deaf people who struggle communicating with those wearing masks, especially police officers who refuse to accommodate them,” she said.