NEWPORT, Ky. — Amanda Yeary had planned to take her two kids to the Newport Aquarium on March 31.

Two days before, she called ahead to make sure it would be alright for her 4-year-old daughter Hannah not to wear a mask. Hannah has down syndrome, making wearing a mask out of the question, her mother said.

“And she said that they have no exceptions for their mask policy, that their policy is two and up have to wear masks at all times, no exceptions,” Yeary said. “They never mentioned a virtual visit at all. That wasn’t presented to me. So the only thing that she said was a face shield or a mask, or she couldn’t come, and so we decided not to go.”

She said it’s the first time this has happened to her.

“I’ve actually never had any other establishment in, I’ve actually been to several states since this has been going on, and I’ve never had anyone else ever even say anything to me about her not wearing a mask,” she said.

Hannah has sensory processing issues she receives therapy for and is nonverbal.

“I’ve seen several people commenting that their child with Down Syndrome can wear a mask, so why can’t mine? And each child is individual. For her, she does not understand why she has to keep it on. She doesn’t understand keeping something on her face. And she also has severe anxiety around masks, because of the medical procedures that she’s had through her entire life,” Yeary said.

Hannah Yeary has Down Syndrome, making mask wearing almost impossible // COURTESY AMANDA YEARY

“I mean we’ve actually had doctors appointments where she screams the whole time because I’m wearing a mask. And she rips it off of me. It’s a very traumatizing experience for her,” she said. “It's not possible for her to wear a mask and keep it on. And even if I could get in on her, she would rip it off constantly.”

Yeary said she thought everything would be fine before she called because Kentucky’s mask mandate has exemptions for children under 5-years-old and people with disabilities.

But there’s some gray area.

The Kentucky Department of Health put out guidance stating if a person with a disability cannot wear a mask, businesses need to work with the person to find a public accommodation.

“A reasonable modification does not include simply allowing a customer inside without a mask, face covering or face shield. However if an accommodation is unable to be determined, a business may refuse entry to anyone that chooses not, or cannot wear a face covering due to an exemption,” said Patrick Ober, Disability Rights and Advocacy Specialist for the Center for Independent Living Options in Cincinnati.

Ober said the guidance can be confusing and presents contradictory information. He said reasonable accommodations are tied to the Americans with Disabilities Act (ADA). One limitation to accommodations is when it’s determined they are a direct threat to the health and safety of others.

“And the business has the ability to kind of put a limit on those accommodations and say, 'hey look, these are all the things we’re willing and able to offer. But we can’t just let everyone in here without a mask, because it compromises and affects the health and safety of others,” he said.

The Newport Aquarium sent the following statement to Spectrum News 1:

"At Newport Aquarium, we are passionate about our mission of creating memories worth repeating and adding any barrier that makes it more challenging for guests to explore the wonders of the sea breaks our hearts. However, maintaining these important safety protocols during this time of uncertainty helps us safeguard the health and wellbeing of all guests and team members, which is always our number one priority.

As a result of COVID-19, we worked closely with healthcare professionals to expand our safety measures to provide a safe indoor environment during this challenging time. Our Play Safe Policy requires all employees and guests, 2 and older, to wear an appropriate face covering. We do provide accommodations for those with disabilities and qualifying medical reasons. Alternative masks and face shields are made readily available for guests at entry."

Yeary said she filed a complaint with the Americans With Disabilities Act (ADA), and contacted a lawyer to consult about her options. She said her main goal is to help other parents of special needs children avoid these situations.

“It’s just not the human thing to do to say that because of her needs that she’s not able to go to the aquarium, and this is after an entire year where we haven’t done anything,” Yeary said.

Answers to frequently asked questions about Kentucky's mask mandate can be found online.

Below are links to the Kentucky Face Mask Mandate frequently asked questions, as well as helpful resources for people on COVID-19, mask mandates, and accommodating people with disabilities.