What the US Constitution & US Laws Say about Requiring Face Masks by Kathleen Sheridan

Nowhere does the US Constitution or oath of office say, “All of the above except during an epidemic.” Our form of government makes clear that no governor, public health director, mayor, school superintendent, or town manager can make law. Neither can they impose a medical intervention on anyone, much less the entire public. Further, no health order, no state of emergency, no State law, no city ordinance or store policy may suspend or violate the Constitution. Period. U.S. Title 42, Section 12101, for example, prohibits businesses legally defined as “places of public accommodation” from discriminating against anyone for their disability. It also makes illegal the denial of entry to anyone for their perceived medical condition—such as the insulting presumption of illness and disease extant in every single person implicitly conveyed by these mask “orders”. We have erroneous and eye-watering misinformation about “asymptomatic spread” to thank for this. Despite Anthony Fauci’s clear statement to the contrary made on Jan 28, 2020, this damaging myth continues. (The hyperlink goes to a YouTube video timestamped for Dr. Fauci’s remarks.)

Thanks to the U.S. Civil Rights Act of 1964, it became illegal to deny entry to places of public accommodation based on race, conduct which until then was legal, but immoral! This Act made clear with the force of law that all places of public accommodation (defined as private businesses vs. State-run businesses or houses of worship) extend an irrevocable privilege to the public to enter their establishments. No law—much less a “mandate”—can sanction the denial of entry and the full enjoyment and equal access to facilities, services, and accommodations to any member of the public based on race, religion, disability, perceived medical condition or other protected characteristics. Therefore, any fines or arrests for “violations” or “trespass” that stem from individuals’ right to leave their faces bare—or stated differently—to decline a medical intervention—to shop or have a meal are, as Governor DeSantis rightly stated, null and void. Can you imagine a person with a perceptible, but benign, skin condition denied entry by a store owner because the store owner perceives that that condition poses a threat to his/her employees and customers? With no evidence?? Just the idea that the condition looks bad, so this person can’t come in??


Now, let’s imagine, shall we, the circumstance where a store owner denies entry to all and sundry—even those without any perceptible anything—unless all submit to a medical intervention represented by these face coverings. (Let’s be clear. Even if someone were hacking up a lung, the law prevents the store owner from denying entry. In order to do so, the store owner would have to prove that that individual represents a direct threat—a legally defined term under Title III of the U.S. Civil Rights Act, Section 36.208. Under this Section, that store owner would have to make an individual assessment—based on reasonable judgement, current medical knowledge, or best available objective evidence that that individual poses a direct threat to the health and safety of others. A court would then have to issue an order of quarantine or isolation for that individual. Absent that? That individual with the skin condition or the one hacking up a lung must be permitted entry—along with everyone else!)