Can a public accommodation categorically rely on CDC guidance to label an individual with a disability who cannot wear a mask as a 'direct threat,' thereby denying access, without conducting the individualized assessment mandated by the ADA?

QUESTION PRESENTED In response to the COVID-19 pandemic, government agencies and private corporations implemented mask mandates in public accommodations, following CDC guidance that exempts individuals with disabilities who cannot wear masks. Under the Americans with Disabilities Act (“ADA”), public accommodations are required to conduct individualized assessments to determine whether an individual poses a "direct threat" to the health or safety of others. Question: Can a public accommodation categorically rely on CDC guidance to label an individual with a disability who cannot wear a ; mask as a "direct threat," thereby denying access, without conducting the individualized assessment mandated by the ADA, even when the same guidance explicitly exempts such individuals from mask requirements? 2