Confusion over B.C. mask rules after woman refused entry to Vancouver yoga studio

VANCOUVER (NEWS 1130) — There seems to be some confusion around the legality of masking up in B.C. and what happens if someone refuses to wear or not wear a mask.

This comes after a woman claims she was denied entry to Bikram Yoga-Commercial Drive in Vancouver this week for wearing a mask and told to go to another studio after being refunded.

NEWS 1130 legal analyst and lawyer Michael Shapray says because there isn’t a province-wide mask order, the guidelines aren’t clear in B.C.

“There is simply no requirement,” he says. “It’s an individual’s choice and an individual’s decision whether or not to require a mask when you’re in their store.”

“There would be no ability for the government to go into that business and enforce them to allow the person to wear a mask or to penalize them for not wearing a mask.”

When NEWS 1130 contacted Bikram Yoga-Commercial Drive to ask about wearing a mask while doing yoga, a representative refered to guidelines put out by the World Health Organization, which are also on the studio’s website. 

“It’s not safe and you shouldn’t perform exercise while wearing a mask,” said the person, who refused to give their name, but identified themselves as a manager.

“I’ve had multiple people over the years pass out, have difficulty, without wearing a mask, so to even attempt to do this – I don’t know why anyone would want to attempt to do this wearing a mask.”

That representative also says if someone is feeling unsafe and want to wear a mask, they shouldn’t come to the yoga studio, and says he gave the woman’s money back when she was refused service.

The studio’s site states masks are not permitted in the yoga practice room.

Does it infringe on human rights?

Kyla Lee, a lawyer with Acumen Law, says she feels there could be a strong human rights case if someone is masked up and refused service, or vice versa.

“For people with underlying health conditions who are at a greater risk of catching COVID-19 and a greater risk if they catch it, there could be an argument made that requiring them to remove masks or personal protective equipment, puts them at a greater risk and violate their human rights,” she says.

“I can see the tribunal being sympathetic to the needs of individuals with underlying health conditions who have disabilities as a result, and the need of business to accommodate them, in a reasonable way without offending them  or affronting their dignity.”

However, she explains it would be more difficult to make that argument if someone didn’t have an underlying health condition.

“I think it would be a strong argument with someone with an underlying health condition, who wants to do something that maybe promotes their health and is denied that opportunity simply as a result of wanting to protect themselves against the spread of the disease,” she says.

In an email to NEWS 1130, the Ministry of Health says it is a choice to wear masks.

“Currently there is no order for people to wear masks, but we do hope that people and businesses are respectful of anyone’s choice to wear a mask.”

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