Does the Constitution say you don't have to wear a face mask?
Several YouTube videos have appeared about folks claiming that they are not required to abide by their State officials mandates to wear face masks. A typical example is the State of Maine, where Governor Mills issued a mandate requiring individuals to wear masks in public. There was a good bit of pushback, consisting mostly of customers complaining to retail employees, attempting to enforce the mandate, that the order violates their constitutional rights.
So Hanah Dineen of NEWS CENTER, Maine decided to set the record straight. She asked several experts the question, "Does requiring someone to wear a mask violate constitutional rights? She spoke with University of Maine law professor Dmitry Bam, County District Attorney Jonathan Sahrbeck, and Disability Rights Lawyer Atlee Reilly. They were consistent in their answers.
Professor Bam: Not surprised by the push-back.
"Whenever you've had a mandate by the government there is going to be a group of people that are opposed to doing it."
In this case, he sees some arguments for the 14th Amendment. "There's the 'catch-all' 14th Amendment type challenge that being forced to wear a mask violates your liberty freedoms."
However, based on past rulings, he doesn't see that argument holding up in court.
"The government has some leeway in protecting the public's health and safety, but as long as the government's justification for the restriction or imposition is strong enough, that suffices,"
Jonathan Sahrbeck: Doesn't discriminate against any particular group.
Sahrbeck said, "I think it is sort of the equivalent of the no shirt, no shoes, no service policies that a lot of companies have. "They have the authority to run their business as they see fit to do as long as it's not discriminating against a certain group of people."
Atlee Reilly: No clear rule about handicapped.
Reilly feels that the 14th amendment could apply as it relates to discrimination against the disabled, some of who can't wear a mask safely. But even then, it's not so cut and dry.
"It's really about solving the underlying problem, not about waiving the requirement," Reilly said.
That means businesses do not have to waive the mask policy, as long as they make a 'reasonable modification' for that person to get the same goods and services. That could simply mean offering curbside delivery or pickup.
it is not unconstitutional for the government or private business to require people to wear masks, and based on past rulings, the argument would most likely fail in court.
Knocksville, Tennessee: Can Government order you to wear masks?
"Is it a violation of your constitutional rights for the government to order you to wear masks during the Covid-19 pandemic?
This issue was brought to the Knox County's law director and sheriff after their Board of Health released a mandate requiring the wearing of masks in public spaces. The local TV station had a discussion of the topic with Lincoln Memorial University's Law Professor Stewart Harris and Republican state senator Richard Briggs, who is a longtime heart and lung surgeon with expertise in the medical field in addition to his knowledge as a lawmaker.
Stewart Harris' answer: No. It's not a violation of your constitutional rights.
"The Supreme Court of the United States, 115 years ago in a case called Jacobson vs. Massachusetts, very clearly stated that the government has something called 'police power' which allows it to protect the health and welfare of its people."
Senator Briggs also cited the Jacobson ruling as a clear legal precedent for the government to implement restrictions for public health. Take a look at the video below.
If at this point, you still feel that you should be allowed to go around in public without a mask, in the middle of a virus pandemic, I urge you to take a few minutes to watch the following scientific evidence proving that mask wearing is an excellent way of curbing the spread of Covid-19. Some of you will still feel that wearing the mask is only effective at protecting other people. If so, please remember that anything that prevents the spread of this virus will, in fact, benefit ALL of us. It will make the demon go away sooner, and that's something for which everyone will be thankful. And please, when someone asks you to properly wear a mask, don't go home, get your gun, and come back and shoot the messenger. You don't have a right to do that either.