Is there any lawyer out there who can give us the simple truth about these state/county “mandates” that everyone has to wear a mask? I have a lot of questions that internet searches have made more confusing.
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These mandates usually come down from health boards. They’re not codified law. Are they legally allowed to force businesses to require masks for entry?
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Do the so-called states of emergency legally allow government agencies to make these demands?
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Can these “mandates” legally override codified law. An example is the law not allowing masks in banks. These “mandates” now require masks in banks, in my county at least.
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In looking online, it seems that businesses can legally enforce their own dress codes, and that is being used as an argument that they can enforce masks as well (no shirt, no shoes, no service). Last I checked, shoes and shirts didn’t restrict a vital bodily function. Are they legally able to keep people out who don’t want to wear a mask?
I’m looking for actual legal answers here. Speculation has just made me so confused. I know that there are supposedly exemptions for not wearing a mask, but it doesn’t seem that way in practice. And worse, they are creating hostile environments for people who fall into those exemption categories and choose to not wear a mask.
It would be nice if a prominent lawyer in the administration could come out and give us a KISS guide to this very confusing situation. I have watched the videos from Peggy Hall at The Healthy American, and they are highly informative, but she’s not an attorney.
There have been absolutely no laws passed that require you to wear a mask, period!
Any government imposing a penalty of some kind are doing so illegally.
Policy wise, whether it be a private business or government institution, they can indeed require the wearing of a mask.
All in all, we're fucked, because the issue isn't the government, it's the private businesses who are hellbent on protecting themselves from being hit with lawsuits claiming someone got the virus because of their lack of "safety" protocols. And those policies aren't changing anytime soon. Maybe a year from now, at best.
Can their dress code override discrimination laws? In CA, we have codified law that businesses can’t discriminate against someone for health/disability reasons. The CA Department of Health says people are exempt from wearing masks if they have a health reason to not wear one. But businesses are discriminating against these people, and hostile environments are being created by our fellow citizens who are trying to enforce these mandates through shaming. I’m wishfully thinking it would be nice if someone with in-depth legal knowledge would lay out the facts, so most of us are on the same page.
This is where it gets crazy and turned into a very interesting conversation with a lawyer.
Regardless of state, the federal ADA protects those that can't wear a mask from being legally refused service. Aha you say, well there it is! Well, not exactly... and here's why it's crazy... there's this fun loophole called “reasonable accommodations”. Are they providing specific times for disabled folks to come in and shop? Are they providing online shopping alternatives? Are they providing curbside pickup? etc etc etc. Worse case they still deny you, can you sue them for not letting you in? Sure. Will you win? Maybe, maybe not. If you truly want to go the court route then you'll have to contend with proving that your disability prevents you from wearing a mask.
So lets now move onto the next part...
Ah yes, the shaming. Mask shaming galore. It doesn't matter what policies or mandates exist, the mask shaming will take care of it. Even if you do get into the store without a mask it's a sure bet you'll be Karened-the-fuck-out-of-there (depending on what state you reside in, I'm sure there's some places no one gives a crap if you're not wearing one.).
So where does all this get us? Shit. It gets us shit. The left have successfully turned us against each other. If you're not wearing a mask, you're literally enemy #1 and I hate to say it but we're screwed until public perception changes (would be nice if Trump could help on that front).
Thank you. This is the answer I was looking for. Sad to hear it, though.
In NC they threaten businesses who do not mandate the mask requirement. Evidently (overheard a convo) they have requirements to open back up that comes with some sort of health inspection. That inspection can be taken away if they do not enforce their mask mandate.
And this is the real problem, because it's hard to blame these businesses. We need more Constitution-backing politicians (not just Trump) stepping in to defend businesses who let their customers make their own decisions.
Yet more proof of the tyranny of bureaucracy.
I don't know if what I shared is factual. I do believe they will push the new normal down on us like they did with the gender politics circus and diversity - using corporations.
It doesn't even need to be "law" if every business thinks it is. I got asked to leave from Total Wine & More (in Delaware) for not wearing a mask because "it's the law". It isn't.
While I understand the difficult position they're in, it still makes me less likely to want to go back there.
Vaccine with microchip would seem like the mark of the beast. I see this as submitting to fake news and liberal wackos. Kinda like the BLM donations and empty virtue signals.
Data security isn't there for digital currency.
They have a social credit system now using mob tactics. I lost my job being a conservative. If they want a full blown system they would need to destroy our constitution.
None. But they’re acting like they can, and a ton of the public is going along with it. What I’m looking for is someone to come out and explain in layman terms exactly why, or why not, we can legally choose to not wear a mask, so that all of the public is aware of the facts.
The Healthy American videos.
Here's how I look at it personally - I'm not wearing one, period. If I just HAVE to go into a place, I will put it on so I can get through the door and then take it off. If I get fined, I figure that gives me standing to join the class action lawsuit I hope will one day come. This is absurd and tyrannical. As the OP states, I don't see how it can possibly be legal. It every case I have seen it has not been passed by a legislature. It's not based on science or evidence. It is being imposed arbitrarily. There is no way I am going along with this.