Constitutional Rights and Masks
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Found this letter to the editor in yesterday's Salt Lake Tribune had an interesting take regarding the constitution.
He addressed it to our Governor, who's an idiot. Utah is currently one of 18 states in the "red zone" for rising cases. Despite calls from hospitals and health officials, our governor refuses to do a mandate. We actually have flash mobs of unmasked people (the group is called "Defending Utah") going in to grocery stores at designated times to cause a ruckus, and a meeting in Utah County (mormonville) was canceled after a hundred or so people showed up unmasked and took the distancing signs off the seats. Must be hard to wear a mask. Not.
https://www.nbcnews.com/news/us-news/utah-meeting-masks-cancelled-when-r...
The letter reads:
I’m amazed at the “no-maskers” who proclaim their “constitutional right” to not wear masks and basically to do anything they please in crowds and public places.
They apparently haven’t actually read the Constitution of the United States, which begins, “We the People of the United States in order to form a more perfect Union.., promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the Unites States of America.”
Liberty and the general welfare certainly include public health for all of us.
You are the highest official in Utah to uphold the Constitution and rule of law and to promote the general welfare of our people. If the constitutionally illiterate and selfish among us can’t follow voluntary common-sense guidelines, then please issue the mask mandate for the general welfare of all of us, including them. If all of us acted like responsible adults, laws would be less necessary. But, as some of us act like rebellious children, they must be controlled and taught correct principles.
So who's violating the spirit of the constitution by not promoting the general welfare? And what in the constitution points to a prohibition of mandates for masks?
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Top of Page Bottom of Page PermalinkFull Name: Strangha
OK, no takers. Just wondered
OK, no takers. Just wondered if some of our legal experts might have been able to provide an answer as to what specifically prohibits a mask order.
Now today, a local TV station posted this on their website, saying the challenges probably would not hold up.
https://www.ksl.com/article/50000269/are-mask-mandates-constitutional-ut...
From the story -
While mask mandates strike some as a commonsense way to protect individuals and communities, other see them as onerous impositions on their civil liberties. KSL.com asked several Utah-based professors where the legal authority for such mandates comes from.
The professors agreed that, given the authority granted the states by the Constitution and the wide latitude previously given by the Supreme Court in matters of public health, states are well within their rights to impose mask mandates. They pointed to the 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Go to the link if you want to read more.
That won't prohibit a "Silent Majority March" from taking place today in Salt Lake. Actually, they're the noisy minority.
From their FB page - "We have sat back and watched our country be torn apart for long enough. I think it’s time we stand together and make our presence known. We the people will not have our 1st or 2nd amendment rights taken from us. Bring your guns, your patriotic apparel, Trump flags, American flags, and anything supporting Back the Blue. We will gather at Liberty Park at 5:30 and begin our march to the Capitol Building at 6:00. Please remember to stay on the sidewalks and follow all pedestrian traffic laws. We are not here to cause chaos like other groups."
With Utah cases spiking like a son of a bitch (18th highest in the nation), it's telling that in Utah's most populous county, cases are going down as residents had a mandatory mask order since late June. The lesson will be repeated until learned.
Top of Page Bottom of Page PermalinkFull Name: Briank
We have helmet laws, seatbelt
We have helmet laws, seatbelt laws and drunk driving laws. I'd think that a temporary face mask law would fall under the same category.
How the fuck is requiring a face mask taking away anyone's rights? Are people unable to shoot their guns with one on?
Top of Page Bottom of Page PermalinkFull Name: Hitchhiker awaiting "true call"
I thought we were defunding
I thought we were defunding the police. Now we want them to shoot the unmasked.
Top of Page Bottom of Page PermalinkFull Name: intentionally blank
If there's a law requiring
If there's a law requiring you to wear a mask and you don't want to, you can engage in civil disobedience. If there's no law requiring you to wear a mask, you can still wear one. In a similar way, businesses can require customers to wear a mask even if there's no law requiring masks. People unnecessarily complicate the fuck out of stuff, but that isn't news.
Top of Page Bottom of Page PermalinkFull Name: Briank
I think that if there's a law
I think that if there's a law, more people will do it. It this case, the more the merrier. They don't have to bust people for not wearing one.
A law would be a huge benefit in some places.
Top of Page Bottom of Page PermalinkFull Name: Hitchhiker awaiting "true call"
What actually happens to
What actually happens to people not wearing one? (I know they'll get sick and get others sick and everyone dies)
Will we see more violence over this?
Top of Page Bottom of Page PermalinkFull Name: Mice elf
We’ve seen a lot of videos on social media of White people becoming belligerent and even threatening when they’re asked to wear a mask in public. Why do you think some freak out when asked to wear masks?
Damon Young:
"I think White people have never had to be guests. I’m one of those people who hate the “shoes-off” house. I go to someone’s party or dinner and I’m asked to leave the shoes at the door. I get annoyed because my shoes are part of my outfit. But their house; their rules.
One of the things that’s happening in America now is that White people have never been asked to be guests. This all connects back to White supremacy and Manifest Destiny, where people feel that everything they see they have a right to. “You can’t tell me what to do — I’m a White American.” And having some pushback against that is causing some hysteria.
You watch these videos and it’s like, just put on your mask. For the five minutes you’re in Trader Joe’s getting your gluten-free lettuce wraps, just put on the mask."
https://kion546.com/news/national-world/2020/07/17/why-white-supremacy-i...
Top of Page Bottom of Page PermalinkFull Name: gypsy tailwind
the “no-maskers” are
the “no-maskers” are literally using pro-choice slogan my body, my choice
what's next, suburban mask burnings?
Top of Page Bottom of Page PermalinkFull Name: An organ grinder’s tune
these are the my body my
these are the my body my choice people?
;)
Top of Page Bottom of Page PermalinkFull Name: Lord Kalvert
Herbie still the gov down
Top of Page Bottom of Page PermalinkFull Name: Druba
(No subject)
Top of Page Bottom of Page PermalinkFull Name: Def. High
So if you see a young
So if you see a young mountain lion without a mask, look out!
Top of Page Bottom of Page PermalinkFull Name: long live the dead
Slacker is too generous a
Slacker is too generous a handle
fool fits
Top of Page Bottom of Page PermalinkFull Name: long live the dead
No mask then don't wear a
No mask then don't wear a seatbelt
potential to reduce the number of morons
Top of Page Bottom of Page PermalinkFull Name: le hammer
These mofos down here in west
These mofos down here in west KY telling me at work "fuck you, you stupid mother fucker" for telling them to wear a mask in the liquor store...
... they ain't eating gluten-free lettuce wraps.
Top of Page Bottom of Page PermalinkFull Name: Old Fart Message Board
Slacker brings up a good
Slacker brings up a good point. Are they to arrest those who don't wear masks? Are bandanas considered a "mask" even though they don't do anything?
Top of Page Bottom of Page PermalinkFull Name: Strangha
They do citations, I believe.
They do citations, I believe. i.e.,
7 - 13 - 20 (NEW YORK) WKBW — The New York State Department of Health issued an amendment to public health regulations related to COVID-19 on Thursday, including the addition of a civil fine for failure to maintain social distancing or wearing a face covering in public. According to the amended law, individuals who violate requirements, including wearing a mask, "are subject to a maximum fine of $1,000 for each violation." Businesses could face additional penalties for violations on property. The enforcement of public health rules is primarily done at a local level.
Top of Page Bottom of Page PermalinkFull Name: Old Fart Message Board
1000$! Holy shit! I'm for
1000$! Holy shit! I'm for citations for people not wearing masks inside public stores and things like that but that's just a fucking joke. 1000$? Really? Nice money grab for the cops I guess
Top of Page Bottom of Page PermalinkFull Name: treat island
I wonder where to money goes?
I wonder where the money goes?
Top of Page Bottom of Page PermalinkFull Name: Old Fart Message Board
^The State of NY
^The State of NY
Top of Page Bottom of Page PermalinkFull Name: Mice elf
FWIW I don't agree with mask
FWIW I don't agree with mask laws, and I also think attaching high dollar amounts to violations of said laws only serves to further divide those who can afford to violate the law and those who can't.
It is a personal choice/individual responsibility thing.
Wearing of masks inside public or government buildings required? Absolutely. 100% No mask, no entrada.
But revocation or suspension of the business license itself is the proper lever to apply to the private business owners who choose not to participate, not fines.
Top of Page Bottom of Page PermalinkFull Name: jeff
pathetic and a good reminder
pathetic and also a good reminder that the far left has more in common with far right nut jobs then they do with me.
Top of Page Bottom of Page PermalinkFull Name: Hitchhiker awaiting "true call"
The far left are just as poor
The far left are just as poor and stupid as the far right!
Top of Page Bottom of Page PermalinkFull Name: DNB - Best band & fans in the land!
if the "my body, my choice"
if the "my body, my choice" argument works for masks in red states, why doesn't it work for women's issues such as contraception and abortion?
Top of Page Bottom of Page PermalinkFull Name: jeff
no. both are easily swayed by
no. both are easily swayed by any and all narratives that support their passionate agendas; many times being conspiracy theories or article's from non-reputable news sources.
Top of Page Bottom of Page PermalinkFull Name: Ken D.
Damn shame that the whole
Damn shame that the whole mask thing has been so politicized.
As to the OP's original question, requiring people to wear masks in public spaces is well within the police powers of most jurisdictions, so long as they there is some ordinance or statute in place that give the local government emergency powers to enact such measures. Churches out in Eastern Oregon recently challenged Governor Kate Brown's emergency declarations regarding public gatherings as exceeding her statutory authority. The Oregon Supreme Court upheld the Governor's actions based on the specific language of the applicable state statute giving the governor authority to enact such emergency measures.
So bottom line, yes mask requirements are legal and constitutional so long as the state and local laws give the power to local officials to impose such emergency regulations.
Top of Page Bottom of Page PermalinkFull Name: Thumbkinetic
7 - 13 - 20 (NEW YORK) WKBW
7 - 13 - 20 (NEW YORK) WKBW — The New York State Department of Health issued an amendment to public health regulations related to COVID-19 on Thursday, including the addition of a civil fine for failure to maintain social distancing or wearing a face covering in public. According to the amended law, individuals who violate requirements, including wearing a mask, "are subject to a maximum fine of $1,000 for each violation." Businesses could face additional penalties for violations on property. The enforcement of public health rules is primarily done at a local level.
It took a pandemic but there's finally an asshole tax.
Top of Page Bottom of Page PermalinkFull Name: Strangha
I was hoping you'd chime in,
I was hoping you'd chime in, Ken. Thanks. Didn't think so, but I was just wondering if these people had anything to stand on. They sure act like they do. Or think they do.
Top of Page Bottom of Page PermalinkFull Name: le hammer
>>>>These mofos down here in
>>>>These mofos down here in west KY telling me at work "fuck you, you stupid mother fucker" for telling them to wear a mask in the liquor store...<<<<
But here's the funny (and cool) part:
The guy came back in 5 mins later with a mask on and said, "My wife told me to tell you I'm sorry."
Top of Page Bottom of Page PermalinkFull Name: skifurthur
Wait until there is a vaccine
Wait until there is a vaccine and then the real battles start.