@Balhammom
Getting tired of every halfwit declaring that the Equalities Act prevents shops from requiring everyone to wear a mask.
It doesn’t.
The EA requires reasonable adjustments. Exposing staff and customers to additional risk from non-mask wearing customers is not a reasonable adjustment.
The case law on balancing interests in these types of instances is quite clear that there can be sound bases not to cater for disabilities. Where doing so would expose other people to risk is one of them (which is also coincidentally while the EA doesn’t oblige you to allow those with covid symptoms into your shop, even though that’s also prima facie discriminatory!)
Indirect discrimination is unlawful unless it's a proportionate means to achieve a legitimate aim.
Preventing the spread of covid is of course a legitimate aim.
Banning disabled people from all shops and public transport if they are unable to wear a cloth face covering is not a proportionate means to achieve it.
Cloth face coverings are a useful extra tool but they're not that good. There is growing evidence that they can help reduce transmission if enough people wear one, that's all.
Masks alone will not save us. We have to do all the other stuff as well. The people who have picked their nose and not washed their hands, or who have been to several parties in the last week, or who have been shagging around, or who have symptoms and have not ordered a test, or who have been told to isolate by test and trace but have gone out anyway ... none of those people are banned from the shop or the bus because you can't see those things.
You can't dump all the responsibility for preventing infection onto the small number of people who cannot wear a mask because this massively disproportionately affects disabled people and the detriment to them is huge.
It would be proportionate for a shop to exclude someone with symptoms because that would be a much greater risk, even if they were wearing a face covering. Also they would only be excluded for 10 days and not indefinitely.
Nobody checks for symptoms though, it's all about the masks.
Providing exemptions for people who cannot wear a face covering is a reasonable adjustment and prevents unlawful indirect discrimination.