Here is the excerpt from the governor’s order that states you can’t ask customers for medical proof of an exemption to masks:
“Businesses may not require customers to provide proof of a medical condition mental health condition, or disability, or require customers to explain the nature of their conditions or disability.”
The governor is makes you think that you should enforce masks and social distancing, but in his executive order, he reveals that he is actually opening you up to lawsuits:
“Nothing in this Executive Order authorizes businesses or their workers to violate other laws, including anti-discrimination laws.” and “Individual rights. Nothing in this Executive Order is intended to encourage or allow law enforcement to transgress individual constitutional rights.”
No need to worry about losing your license!
You can keep your business open legally, without masks or distancing or plexiglass….but you must know what documents you MUST have on hand for OSHA and code enforcers, and how to protect your license from threat of revocation. https://www.thehealthyamerican.org/business-help. This online course costs $39, but you can also obtain personalized help from the founder of the website. She has personally helped businesses stay open all over the country. Even if you are not interested in taking a potential legal battle to the court at this time, consider that regardless, it may be critical for you to learn this information – who knows what other restrictions government may attempt to unleash on your business in the future? Knowledge is power.
Network with other businesses that believe in freedom
Here are some of the laws that allow you to allow customers to shop without masks or distancing:
An attorney was asked to explain when someone can claim a medical exemption and whether a business can ask for proof of the medical exemption. You can read a copy of the attorney’s response. In short, upon asserting a medical exemption to wearing a mask, a business cannot ask for proof of the medical exemption.
File a claim with HHS
What to say to cops on your property
Inform the government official that you will sue them personally; their government status does not protect them if they fine, close your business, or arrest you. Under Title 18, U.S.C. Section 242, Deprivation of Rights Under Color of Law, it is a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution of the United States.
There is no evidence that an individual not wearing a mask is a direct threat to the health and safety of your 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 an individual is a threat to the healthy and safety of your business.
Therefore, a customer has right to equal access to the goods, services, privileges and facilities of this establishment is guaranteed by law. State and federal laws make it a crime to deny the Rights of an individual. You can be arrested for this crime and held personally liable for criminal and civil damages, including fines and jail time. That means you can be personally charged and arrested for this crime, regardless of what your manager, or government officer says. Your private business has a LEGAL CLASSIFICATION as a “public accommodation” according to federal law, Title III Reg 28 CFR §36.104
You are not licensed to dispense medical advice, and your requirement of a customer to undertake the medical interventions of restricting their oxygen is a violation of state laws. A customer has the right to refuse any medical treatment (surgical masks are actually labeled as a medical device by the FDA!), while still maintaining their right to other services, privileges, goods, and facilities as protected by federal law 28 CFR §36.202. Just as you could not require a customer to punch a grandmother in the face, or snort cocaine as a condition to entry, you cannot require a customer to restrict their oxygen as a condition of entry. That is attempted murder.