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AB 1326

Health masks: right to wear.

2025-2026 Regular Session Introduced by Patrick Ahrens and 1 co-sponsor

AB 1326 grants Californians the right to wear health masks in public to safeguard personal and public health, ensuring protections for those with disabilities.

Consideration of Governor's veto pending.
#healthmasks #righttowear
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WeVote Research Nonpartisan
Bill Summary · AB 1326

Summary of AB 1326: Health Masks - Right to Wear

Bill Overview

  • Bill Number: AB 1326
  • Title: Health masks: right to wear
  • Introduced: February 21, 2025
  • Status: Consideration of Governor's veto pending
  • Classification: Bill
  • Subject: Health masks, right to wear

Purpose and Intent

AB 1326 aims to establish the right of individuals to wear health masks in public places to protect both personal and public health. This legislation is particularly relevant in contexts involving communicable diseases, air quality concerns, and other health-related factors.

Key Provisions

  1. Definitions:

    • Health Mask: Defined as a medical-grade mask, including surgical masks and N95 or KN95 respirators, intended to prevent the transmission of infections.
    • Public Place: Includes various locations such as:
      • Businesses open to the public
      • Government buildings
      • Outdoor spaces
      • Public transportation
      • Health care facilities
      • Educational institutions
      • Workplaces

  2. Right to Wear a Health Mask:

    • Individuals are granted the right to wear a health mask in public places for health protection purposes.

  3. Limitations on Mask Removal:

    • The bill specifies circumstances under which a health mask may be temporarily removed, including:
      • Security protocols for identification (e.g., airport screenings)
      • Essential functions in workplaces
      • Emergency health care protocols
    • It emphasizes that removal should be temporary and not used to justify prolonged mask removal.

  4. Nondiscrimination Protections:

    • The bill reinforces existing nondiscrimination protections for individuals with disabilities or medical conditions, ensuring that the right to wear a mask does not conflict with these protections.

Impact

  • Who is Affected:

    • The legislation impacts all individuals in California, particularly those who may wish to wear masks for health reasons in public settings.
    • Employers and public entities must adapt to accommodate this right while maintaining security and operational protocols.

  • Procedural Aspects:

    • The bill has undergone multiple readings and amendments in both the Assembly and Senate.
    • It has been passed by both chambers and is currently awaiting the Governor's decision following a veto.

Conclusion

AB 1326 seeks to empower individuals to prioritize their health and safety through the right to wear health masks in public spaces. By defining the parameters of this right and addressing necessary exceptions, the bill aims to balance public health needs with security and operational requirements. The outcome of the Governor's veto consideration will determine the future of this legislation.

Compiled from official sources — confirm details with the bill’s official record.

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