A camp counselor was offered a job, and then lost it. An editor was denied entry to a business. A dog trainer was physically assaulted in downtown Chicago.

And I was denied service on a rideshare — all because we were wearing medical masks.

While some see medical masks — such as KN95s or N95s — as unnecessary relics of a bygone era, many still need to wear them or simply want to. Yet these Illinoisans have found themselves subject to harassment, discrimination and loss of employment opportunities for simply trying to keep themselves, their loved ones and their communities safe. Not only that, but some lawmakers across the country — including in Chicago— have infringed on the rights of citizens by trying to ban or criminalize the wearing of masks.

For the last two years, a statewide coalition of disability rights advocates, including me, has fought to get legislation passed that would end the discrimination against those who don’t want to risk their health to earn a living, go shopping or to simply exist in public.

The Protective Medical Equipment Freedom Act, or Kiki’s Law ( SB3340 ), introduced by state Sen. Graciela Guzmán and state Rep. Nabeela Syed, would enshrine the right to wear protective medical equipment in any place of public accommodation where an individual has a lawful right to be — without obligation to disclose health status or other protected information. It is named in remembrance of Colette “Kiki” Walkington, who had extremely complex medical needs and fragile health and who died after a long illness a year into our work on this legislation.

SB3340 passed out of the Illinois Senate in April, before it stalled in committee in the House. The House should pass this bill when it is reintroduced during the veto session this November.

Medical masks and other forms of protective medical equipment are effective tools to prevent the spread of diseases and illnesses, including measles, flu, the respiratory syncytial virus and COVID-19 — which is still spreading. Anyone can be affected by the long-term impacts of a coronavirus infection, which include new onset disabilities, chronic illnesses and increased likelihood of future illness with repeated infections.

Our legislation would create a baseline, general right for all people in Illinois, regardless of health status. This means it would go further than the Americans with Disabilities Act, which only protects people who are already disabled. If you are healthy, but your spouse is undergoing cancer treatment, or you are the parent of a medically fragile child, you may want to keep masking in public to minimize the chance you will bring an infection home that could harm your vulnerable loved ones. But the ADA does not safeguard your right to do this.

Our bill would.

Over the past year, we have received nearly 100 pages of testimony in support of SB3340 from Illinoisans across the state — many of whom have experienced various forms of harassment or discrimination while attempting to protect their health and their families’ health.

Among the testimony the Illinois House Committee on Immigration and Human Rights received, as well as accounts shared with me: A teacher was told she would be allowed to wear a medical mask at work, but then her employer went back on that promise and told her to just take vitamins instead. A barista is facing a similar workplace ban against medical masks and has fallen ill as a result of not being allowed to protect themselves even when around sick coworkers.

Without clear guidance at the state level, Illinois workers will remain at risk of unnecessary exposure to airborne pathogens, which has been shown to impair people’s ability to continue working.

This is a commonsense measure with bipartisan appeal. Because similar laws have failed to pass elsewhere, advocates across the U.S. are looking to Illinois to lead the way. We have heard from people in 17 other states, and if SB3340 passes, they’ll be more inclined to travel here for business and vacation. Illinois has the chance to lead the country by turning this landmark legislation into a first-in-the-nation law.

The Protective Medical Equipment Freedom Act is an important step to protect the health and well-being of disabled people, the immunocompromised, older adults, low-wage workers, marginalized communities and the general Illinois public. This is a disability justice issue, a workers’ rights issue, a public health issue and a civil liberties issue.

Illinois was the first state in the country to outlaw book bans; let’s be the first to ban mask bans, too.

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Megan E. Doherty is a writer and disability justice advocate based in Chicago.

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