No Mask? These laws might help.

First an FAQ; then laws listed below.

FAQ 

(1) Business employees are not medical doctors and are not licensed to give medical advice. It is illegal to practice medicine without a license.

(2) Business employees are not law enforcement and have no legal authority to attempt to enforce law (or non-law health executive ‘orders’). It is illegal to impersonate a law enforcement officer and a police report should be filed if they try to enforce.

(3) Business employees are breaking both state and federal non-discrimination laws if they refuse entry to a non-masked person. Just because a store makes a “policy” does not mean it is legal. You can’t steal someone’s wallet in WalMart, for example, because the store’s policy says that someone can.

“NO SHOES, NO SHIRT, NO SERVICE?”

Businesses that have a shirt and shoes policy are not breaking established law; however you may not be denied entry to any business based on your religion or medical condition.

A PRIVATE BUSINESS CAN MAKE ITS OWN POLICIES?

Yes, only if they do not break established law. A store cannot make a policy that wallets can be stolen in the store. That is AGAINST the law, and DISCRIMINATION is against the law too.

CAN YOU BE ARRESTED IF THE STORE SAYS YOU ARE TRESPASSING?

Anyone can be arrested for anything, but that doesn’t mean it is lawful. If you are “disturbing the peace”, you may be cited for that by law enforcement.  If the clerks or the other shoppers are harassing you, then YOU call law enforcement to ensure you are not being intimidated or threatened. You can file a police report in that case.

Laws

(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:

  1. 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.
  2. Definition of a disability: 42 U.S. Code § 12102 https://www.law.cornell.edu/uscode/text/42/12102
  3. 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.”
  4. Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131-12165https://www.law.cornell.edu/uscode/text/42/chapter-126/subchapter-II
    1. 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.
    2. 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
https://uscode.house.gov/view.xhtml?edition=prelim&num=0&req=granuleid%3AUSC-prelim-title18-section242

“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.”

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