There is no evidence that a bare-faced person is a direct threat to the health and safety of a business. According to Title III of the U.S. Civil Rights Act, § 36.208,
“In determining whether an individual poses a direct threat to the health and safety of others, a public accommodation must make an individualized assessment, based on reasonable judgement that relies on current medical knowledge or the best available objective evidence.”
Absent a court-order of quarantine or isolation, there is no medical evidence that you are a threat to the healthy and safety of a business.
Therefore, your right to equal access to the goods, services, privileges and facilities of a business is guaranteed by law. State and federal laws make it a crime to deny the Rights of an individual. A business violating this can be arrested for this crime and held personally liable for criminal and civil damages, including fines and jail time. That means they can be personally charged and arrested for this crime, regardless of what a manager, or government officer says.
A private business has a LEGAL CLASSIFICATION as a “public accommodation” according to federal law, Title III Reg 28 CFR §36.104, and Minnesota statute 363A.03 Subd. 34:
“Place of public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
Minnesota Human Rights Act 363A.11 PUBLIC ACCOMMODATIONS https://www.revisor.mn.gov/statutes/cite/363A.11. Guide created by MN Department of Human Rights: https://mn.gov/mdhr/assets/01aboutMDHR_ENG_tcm1061-213714.pdf
Subdivision 1. Full and equal enjoyment of public accommodations.
(a) It is an unfair discriminatory practice:
(1) to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation because of race, color, creed, religion, disability, national origin, marital status, sexual orientation, or sex, or for a taxicab company to discriminate in the access to, full utilization of, or benefit from service because of a person’s disability; or
(2) for a place of public accommodation not to make reasonable accommodation to the known physical, sensory, or mental disability of a disabled person. In determining whether an accommodation is reasonable, the factors to be considered may include:
(i) the frequency and predictability with which members of the public will be served by the accommodation at that location;
(ii) the size of the business or organization at that location with respect to physical size, annual gross revenues, and the number of employees;
(iii) the extent to which disabled persons will be further served from the accommodation;
(iv) the type of operation;
(v) the nature and amount of both direct costs and legitimate indirect costs of making the accommodation and the reasonableness for that location to finance the accommodation; and
(vi) the extent to which any persons may be adversely affected by the accommodation.
(b) State or local building codes control where applicable. Violations of state or local building codes are not violations of this chapter and must be enforced under normal building code procedures.
Subd. 4. Direct threat to health and safety.
Nothing in this chapter requires an entity to permit an individual to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations of the entity if the individual poses a direct threat to the health or safety of others. “Direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.”
Again, absent a court-order of quarantine or isolation, there is no medical evidence that you are a direct threat to the healthy and safety of a business.
A business or employee is not licensed to dispense medical advice, and your requirement of me to undertake the medical interventions of restricting my oxygen is a violation of law. Even if a business provides a medical doctor who examines you and determines that you are physically fit enough to retract your breathing while at the business, you have the right to refuse any medical treatment (surgical masks are actually labeled as a medical device by the FDA!), while still maintaining my right to other services, privileges, goods, and facilities as protected by federal law 28 CFR §36.202. Just as you could not require me to punch another person in the face, or snort cocaine as a condition to entry, you cannot require me to restrict my oxygen as a condition of entry. That is attempted murder.
Even just recommending that someone wear a mask is the unlicensed practice of medicine. You can be reported to the Medical Licensing Board of this State for violating MN State Penal Code 147.081 which carries the penalty of gross misdemeanor.
If they refuse entry to an establishment, which is open to the public, they are also restricting the free movement of an individual and engaging in false imprisonment MN statute 609.255, and carries the penalty of not more than 3 years in jail or not more than $5000 fine or both. Neither you nor an employee may prevent the lawful entry of a patron – regardless of whether they are wearing a mask or not. Attempting to prevent the entry of a patron to your business establishment, which is a place of public accommodation is a violation of an IMPLIED, IRREVOCABLE LICENSE that this business has granted to the public.
Furthermore, it is unlawful to enforce 6 feet separation, as it restricts the movement of individuals and may be construed as false imprisonment.
Violating the above-mentioned laws while concealing your identity with a face-covering may elevate the criminal charges against you for denying entry to any person in this jurisdiction.
It is ILLEGAL to take someone’s temperature. Gathering vital statistics is a violation of the 4th Amendment, which protects a person’s right to privacy. Violation of this protection will result in your actions being report to the U.S. Department of Justice, which is required by law to investigate Civil Rights Violations.
It is ILLEGAL to attempt to enforce local ordinances. A business is not a law enforcement officer and impersonating a law enforcement officer is a crime in this state under MN State Penal Code 609.475 which carries the penalty of misdemeanor.
Any attempt by business or an employee to summon law enforcement with a claim of “trespassing” can be reported as ASSAULT. A business owner or employee can be charged with and convicted of assault in this state of Minnesota statute 609.224 (definitions 609.02) even if no one is physically hurt by your behavior. There is NO VALID CLAIM of TRESPASS because:
a. the business is open to the public
b. the business has extended an irrevocable license to the public for entry.
c. the patron has entered legally and has not interfered with the business
d. there has been no evidence of violation of an existing law.
Any claim of “store policy” or “no mask, no service” is NULL, VOID and UNLAWFUL as no business may enforce policy that violates established law. Law SUPERCEDES any claim to a “store policy”. Any attempt to prohibit the “free and equal access to all services and facilities” of this business establishment can:
a. Be reported to law enforcement as criminal charges of false imprisonment
b. Be reported to the U.S. Department of Justice as a violation of civil rights
c. Be reported to the LEGAL COUNSEL of the business
d. Be reported to the DISTRICT ATTORNEY of the jurisdiction for possible criminal charges.
Preventing entry or service to a business to someone not wearing a mask violates these laws:
- MN Constitution – US Constitution (1st and 4th Amendments)
- MN Civil Rights Law 363A.11 (definitions 363A.03) – Federal Civil Rights Law (Title 11, Section 2000)
- Assault fifth degree 609.224 (definitions 609.02)
- False imprisonment – If you refuse entry to your establishment, which is open to the public, you are also restricting the free movement of an individual and engaging in false imprisonment 609.255.
Explore the Minnesota laws: https://statelaws.findlaw.com/minnesota-law.html
You may find federal updates here: https://www.thehealthyamerican.org/legal-info
Civil Rights Act
Federal civil rights legislation that prohibits discrimination in numerous settings including: employment, education, voting, and public accommodations.
42 USC §2000a: Prohibition against discrimination or segregation in places of public accommodation (a) Equal access
Also referred to as Title II of the Civil Rights Act of 1964: Injunctive Relief Against Discrimination in Places of Public Accommodation
“SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the
premises of any retail establishment; or any gasoline station;
(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.”
(1) US BILL OF RIGHTS – https://billofrightsinstitute.org/elessons/bill-of-rights-of-the-united-states-of-america-1791/
(2) Civil Rights and Non-Discrimination LAWS protect your right to enter any place of business without a mask:
- Definition of Public Accommodation: 42 U.S. Code § 12181 (7) https://www.law.cornell.edu/uscode/text/42/12181. Public entities, including grocery stores, cannot discriminate based on disability.
- Definition of a disability: 42 U.S. Code § 12102 https://www.law.cornell.edu/uscode/text/42/12102
- General prohibitions against discrimination: 28 CFR § 35.130 https://www.law.cornell.edu/cfr/text/28/35.130 – “When a public entity provides services, programs, or activities to the public, no qualified individual with a disability shall be excluded from participation in, be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity on the basis of disability.”
- Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131-12165: https://www.law.cornell.edu/uscode/text/42/chapter-126/subchapter-II
- The Attorney General is responsible for enforcing Title II of the ADA, 42 U.S.C. §§ 12131-12165 and the relevant regulations implementing Title II, 28 C.F.R. pt. 35 and 49 C.F.R. pt. 37.
- Contact the ADA Information Line at 1-800-514-0301
(3) HIPAA Privacy Rule:
https://www.hhs.gov/hipaa/for-professionals/privacy/index.html. Your medical condition is private and does not need to be disclosed to anyone.
(4) US CODE Title 18, Section 242 (Civil Rights Code) Deprivation of rights under color of law
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”