I am not a lawyer, but she was not tackled to the ground for not wearing a mask. She was tackled to the ground for resisting detainment/arrest after refusing lawful instructions pursuant to the act of trespassing in the presence of a law enforcement officer.
I was born about a decade after this and that's the definition I learned.
Requiring a security guard to enforce private property policy may be useful, but it's not required under any semblance of the law. The Texas Governor lifted the mask mandates required by the state, that does not do anything to regulate the rules of conduct with private property. If I own a business, and one of the conditions I impose on you during your patronage is to wear a mask for health and safety reasons, I generally have that right, and the right to enforce that policy by demanding that you comply or leave. If you refuse to comply and refuse to leave, as this woman did, I have the right to enlist the assistance of the police. At that point, you are trespassing. I don't have to like or agree with this mask bullshit to support private property rights...they're the cornerstone of liberty. This woman was fine right up until she refused to comply with the officer's requests that would have gotten her out of trouble for trespassing. Instead, she acted like an idiot, fucked around, found out, and made anti-maskers look like retards. That's not good.
No worries. We all have our niches, right? Have an upvote for reading through that fucking mess. :) I'm not saying this is the way it ought to be, just that people need to be very careful about exerting rights they may not have when their employment is at stake (especially in an "at-will" state). As I posted in another comment here to clarify HIPAA vs ADA vs FMLA and so on... IANAL but my experience and knowledge is:
HIPAA regulates what medical information may be released, to whom, and for what purposes, by covered entities. Your PHI (Protected Health Information) and (Personally Identifiable Information) is protected from unauthorized disclosure by a covered entity (health plans, clearinghouses, and generally most healthcare providers and their business associates). "A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations.18 Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make." ~ https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
Under HIPAA, if your employer calls your doctor and asks for your medical records, your doctor cannot release them without your prior express authorization. Many doctors won't do so even with your consent, and instead, will release the records to you so that you can provide them to your employer if you choose to. In cases of ADA, FMLA, or medical accommodation where your doctor is the entity declaring the need for the leave or accommodation, he or she will generally work directly only with your employer's FMLA/Accommodation administrator. These instances will actually be governed more by the ADA and FMLA legislation than HIPAA.
An employer cannot ask you about your medical conditions or history in normal times.
There is nothing in HIPAA that prohibits or even addresses this (because it's not meant to). This is an issue of employment law, not healthcare operations. Therefore, if the request is not related to your seeking the protections of the ADA or the FMLA (or if you don't qualify for them), your only other objection would be under a discrimination claim. For an employment-related discrimination claim, you’d need to show that the request for your medical information is discriminatory because your employer is singling out only certain employees. The strongest case would be based on a "protected class", or in other words if your boss only requires medical notes from older employees, females, or minorities (a case is possible without involving a protected class, it's just murkier). You would still need to show that you have suffered harm as a result of the discrimination (if they fire you, that's pretty harmful). Outside of those situations, an employer can ask for your medical information, and it can do so without a great deal of legal fear if it has demonstrated a good faith reason for asking. Now, in the court of public opinion, such requests or demands may appear to be overbearing and cause the company a great deal of heartburn, which is why many employers choose not to exercise their ability to make such requests.
Please point to me the section of the HIPAA legislation that applies to disputes related to labor or employment law. Somehow, I must have continually missed that part over the last 20 years while working as an industry expert.
I'm an executive and consultant in medical operations, you're either misunderstanding the context here (an employer requesting medical records from an employee) or you need a refresher on what HIPAA actually does.
HIPAA regulates what medical information may be released, to whom, and for what purposes, by covered entities. Your PHI (Protected Health Information) and (Personally Identifiable Information) is protected from unauthorized disclosure by a covered entity (health plans, clearinghouses, and generally most healthcare providers and their business associates). "A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations.18 Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make." ~ https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
Under HIPAA, if your employer calls your doctor and asks for your medical records, your doctor cannot release them without your prior express authorization. Many doctors won't do so even with your consent, and instead, will release the records to you so that you can provide them to your employer if you choose to. In cases of ADA, FMLA, or medical accommodation where your doctor is the entity declaring the need for the leave or accommodation, he or she will generally work directly only with your employer's FMLA/Accommodation administrator. These instances will actually be governed more by the ADA and FMLA legislation than HIPAA.
An employer cannot ask you about your medical conditions or history in normal times.
There is nothing in HIPAA that prohibits or even addresses this (because it's not meant to). This is an issue of employment law, not healthcare operations. Therefore, if the request is not related to your seeking the protections of the ADA or the FMLA (or if you don't qualify for them), your only other objection would be under a discrimination claim. For an employment-related discrimination claim, you’d need to show that the request for your medical information is discriminatory because your employer is singling out only certain employees. The strongest case would be based on a "protected class", or in other words if your boss only requires medical notes from older employees, females, or minorities (a case is possible without involving a protected class, it's just murkier). You would still need to show that you have suffered harm as a result of the discrimination (if they fire you, that's pretty harmful). Outside of those situations, an employer can ask for your medical information, and it can do so without a great deal of legal fear if it has demonstrated a good faith reason for asking. Now, in the court of public opinion, such requests or demands may appear to be overbearing and cause the company a great deal of heartburn, which is why many employers choose not to exercise their ability to make such requests.
What source? As in, what law? Is this based on a state law, or federal employment law?
It appeared to be a bank employee. It’s private property. The bank owns it. The bank can set the rules for use of its private property, within the confines of the law, and as a customer, you either abide by those rules, or simply do not do business with that bank. “Mask up”, when required by the business, is as valid as “no shoes, no shirt, no service”. Again, the mask mandates are bullshit, but private property rights are a thing.
You think we're getting solo cells?
The mask mandates are nonsense, but private property rights are a thing. She was asked to leave, she refused. She's an asshole.
People misunderstand what HIPAA does, but it has no relation to disputes between you and your employer (unless you/your employer is a covered entity and the dispute is based on the application of HIPAA). HIPAA covers health plans, healthcare clearinghouses, and healthcare providers.
You're basing this position on what?
Not a HIPAA violation. People misunderstand what HIPAA does, but it has no relation to disputes between you and your employer (unless you/your employer is a covered entity and the dispute is based on the application of HIPAA). HIPAA covers health plans, healthcare clearinghouses, and healthcare providers.
I don't think that's true, what's your source on that? Interesting if valid.
You're a fucking retard.
I'd like to see her in some sort of office first. Win a house of senate seat. Run for governor. There is a LOT to politics that you cannot just learn as you go (and being a pundit first doesn't count). Trump got a pass because he has been negotiating major deals with politicians and heads of state most of his adult life, he had enough experience. I like her, and I would vote for her, but I want to see her run for POTUS when she's ready. I don't know that she is. Having good ideas and being able to support them isn't enough.
This is an extremely under-appreciated point. I’m paying for them to rebuild and I live on the other side of the country. Fuck letting it burn, extinguish Antifa and BLM.
Not at all. He's a lefty cunt.
The truth is, I think we’re all coming to terms with just long a game this is going to be, and that it will be tough for us, and our kids, for the duration. That’s disheartening because we were so fucking close. But we will win in the end. Even if you’re not sure of that yet, you have to fight like you believe it. Take a break, come back refreshed. You can’t help the drowning if you can’t even tread the water you’re in.
I have no doubt they’ll prove it (more than it already has been), but it’s not going to change the results (it likely never was). This is going to have to be part of the larger 2022 play. Not sure it will matter, because unless the fraud issues are addressed, voting is just masturbating in public without the glorious orgasm at the end.
The uniparty globalists will always abuse things like this to keep us fighting each other instead of fighting them. White Supremacists and Antifa/BLM are just useful idiots for the globalist elite to keep us pinned down and too preoccupied to actually look around and see what’s really going on.
I support women in the military only insofar as they can pass the same requirements as men. The problem is, they lowered their standards to get more of them in than could otherwise qualify. That has the same net result that lowering male standards would have, which is not something any sane person would have supported.
Staple them to a fucking liberal.