Hey Pedes...
Looking for some sources about the authority that a given county has. I have a couple different properties and I'm headed to one of my properties that the county has a mandatory mask order.
Here is the summary:
- Have to wear a mask indoors anywhere (except kids under 6)
- Have to wear a mask at a restaurant, until seated
- Have to wear a mask outdoors when 6-ft distance can't be maintained
- This is the language "violators" will be issued a warning, then $ citations begin
And, here is the capper (to me): the county is have CODE ENFORCEMENT OFFICERS (not law enforcement who have some training dealing with people) will be "watching people go in and out of businesses. They will be warned (and offered a mask if the don't have one) and if they 'do not comply', they will be issued citations", starting at $50 for first refusal, then $100 for second refusal, then $250 for third refusal, and then "jail time will be considered after multiple failures to comply".
QUESTIONS:
- Is this constitutional?
- If so, how?
- If not, what can we do on the spot to improve our case to have dismissed
- WHO can we turn to do defend this?
- I do have a minor respiratory condition and it's usually under control. Legit, I have tried to wear a mask and I can't do it. Can I explain my medical condition without having to disclose my medical details to a government official?
It's time for action. They have pushed the stat-at-home orders from 2 weeks to 4 months; more and more counties are pushing these mask policies.
What actions can we take individually to stand up? What actions can we take collectively to fight this?
"Have to wear a mask at a restaurant, until seated". Totally retarded.
Yeah. Stupid.
Where, there are pro-bono lawyers taking cases like this around the forum. I would seriously look into them.
This. Every one I’ve seen has a medical exemption and I’ve not seen any requirement to disclose the medical condition.
Illegal for them to require you to disclose it. HIPPA.
Yup, that’s my understanding of it as well, but who knows what additional Gestapo powers these folks have gained via their EO’s. 😒
Not really legal advise but, my 2 cents
Ignore the orders. That's what I do everyday here in Michigan. Be kind and cheerful and a good example for others to follow.
99% of the time no one says a thing. If a business asks you to put one on, say 'no thanks' and leave.
If you are ticketed, pay the ticket and join the inevitable class action lawsuit soon to come.
Thank you for the detailed response.
I read a little bit more in the county I’m talking about and one of the commissioners brought up the point about taking medical issues (as proclaimed) at face value. One of the libtard commissioners responded “strict enforcement means strict enforcement. They should have to prove that”. So we have to do whatever they say and we are guilty as charged...by a bureaucratic code enforcement officer.
Un-fucking-believable. Little tyrants.
I have several friends that own bars and restaurants with bars in town and their businesses are being decimated. Even with some PPP, it’s looking pretty grim. One place has been around for 25+ years... it is a shame.
If a declaration of emergency has been made, they can pretty much do anything they want to you. You can try to take it to court, good luck.
In Pennsylvania, I think you're right. You might be able to fight a citation and get it tossed out but it will take time. The executive power is too much and we need a state constitutional amendment to restrict this sort of thing from ever happening again.
Yes, the problem with deferring questions of constitutionality to the courts is that you are stuck with the courts' opinion, which is not of much help when they are corrupt. We live under the rule of judges, not the rule of law.