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| Most citizens, myself included, support the CDC guidelines on mask wearing. But most of the citizens that have contacted our office have voiced opposition to making "mandatory mask-wearing" ordinances that could lead to fines and citizen arrests..... |
Many current and former business owners know they can refuse service to the public for a variety of reasons.
"No shirt, no shoes, no service!" We have all seen these signs.
If a business chooses to make mask wearing on premises mandatory--they can do this and refuse service to those patrons who do not follow the rules.
So why the push to make the county "mandate" mask wearing via an ordinance like the city of Pensacola's very flawed rule?
I've had people email me saying the business community wants this ordinance--for their protection.
But wait--these same businesses, any time they want to, already have the power to limit access to their premises to only folks who are wearing face coverings or masks--as long as they are not doing this to purposely target a segment of the population in a way that is discriminatory. I asked our attorney for the relevant statues, and she provided me the following yesterday:
This article relates to the
ADA and refusing
service:
https://www.natlawreview.com/article/no-mask-no-service-ada-considerations-business-owners-requiring-face-masks-retail
Relevant
quote: “The ADA permits a retailer to deny goods or services to an
individual with a disability if their presence would result in a “direct
threat” to the health and safety of others, but only when this threat cannot be
eliminated by modifying existing policies, practices or procedures or
permitting another type of accommodation.”
28 CFR § 36.208 --- “This part does not require a public accommodation to permit an
individual to participate in or benefit from the goods, services, facilities,
privileges, advantages and accommodations of that public accommodation when that
individual poses a direct threat to the health or safety of others.”
They don't need us to do it for them, and the vast majority of counties in America ARE NOT making ordinances mandating citizens wear masks in public.
More than likely this is due to the fact that such ordinances must have so many exceptions, exemptions, and carve-outs that the exemptions swallow the rules.
Not to mention the questions of efficacy as it relates to wearing scarves and/or bandanas loosely around the face for protection from airborne virus particles that are .1 Micron in diameter..
Not to mention the challenges of enforcing such mandates (e.g. some citizens cannot wear masks due to health conditions--so will these folks be shamed. And who will decide the veracity of claims by such citizens of medical problems prohibiting mask wear?)
8 comments:
I think most organizations and managers don't want the responsibility of having to make a decision on this. Mandate masks and someone will call you out for taking away their freedom. Someone else will say you're feeding the panic. Don't require masks, and then you don't care about the health of your staff and customers. If govt. mandates the masks, the managers can say, "I know you don't like it, but we're just following the rules." A govt. mandate removes the choice from business owners and managers, thereby saving them from any of the political fallout of taking a stand on either side of the issue.
Anonymous 8:17..............Right
Well, the news has verified your argument about masks. Walmart, Sams Club and Kohls are set to require masks for entrance to their stores. Now those of us objecting to wearing masks will need to find alternative stores to shop at or submit to their rules. I know I can find most of what I buy at different stores, and will choose those when the need arises. This will actually help with the economy as I will tend to frequent locally owned and/or operated places of business. So you were right and I still maintain my right to not wear a mask, and exercise my right to choose where my money goes. I'm good with it!
It was totally appropriate for you to ask about the data at the press conference. Why is Lanza's data not the same as the county's in correction and why don't they report recoveries.
Escambia needs help with this response.
In my opinion you should have worn masks from the dais at the press conference.
What is it with people, if they can convince menfolk that proper attire is a stupid necktie, certainly a facecovering could be vogue.
Are people that vain they have to show their spittal, breath and mouth to the world in public.
I think Gilley and Edler need help.
Commissioner, here is a perfect example of what you have pointed out about people wearing masks ineffectively. The referenced video was from the Public Forum today. https://youtu.be/fJfIU-cVy5w
The 'experts' say that asymptomatic spread is a primary means of viral transmission and that masks can help. Yet, almost all of the demonstrations that are shown to demonstrate the effectiveness of masks show a person coughing or sneezing. There are just a couple of videos demonstrating aerosolized breath particles from asymptomatic actions, such as talking. One video was someone talking very heavily, the other video was filmed in the dark using a laser to show vapor droplets with and without a mask. But if you read the video notes, the subject was using a WET cloth as a facial covering! Without a wet cloth the droplets flew 1 or 2 feet while talking heavy. Not everyone talks with a huge whoosh of air exhaling. But why did they use a wet cloth and deceive the viewers? Is a dry facial covering not producing the dramatic reduction of water vapor they were hoping? What I took from the videos was don't stand to close to a loud talker, chatty cathy, or laughing louis. Bascially, be aware of your surroundings and be anti-social. If you see a threatening heavy mouth breather, move away.
This video https://www.youtube.com/watch?v=UNHgQq0BGLI is from the New England Journal of Medicine attempts to demonstrate airborne droplets while speaking with and without a mask. Nowhere in the video's description or title does it mention the subject is using a DAMP CLOTH instead of a normal facial covering. You have to read and expand the video's description, then click on the link, and read the NEJM's scientific article to learn the mask is a damp cloth. And they wonder why people don't trust them, when they say 'trust us', 'just do it'. By the way, I wear a mask. But I do not expect anyone else to wear one, nor do I expect our government to mandate it.
Commissioner, I know you personally read your blog so I wanted to share two articles with you that I implore you to read? It will add to what you already know about the situation however one of these articles is from the American Association of Physicians and Surgeons (fairly recent) https://aapsonline.org/mask-facts/ and the other is based on California's strict mask mandate that isn't working (COVID cases have increased by 162% since the mandate) https://justthenews.com/politics-policy/coronavirus/one-month-after-statewide-mask-mandate-california-daily-case-average. The masks are a false sense of security. People let down their guard after putting one on, they don't social distance, and don't wear them right. Matter of fact, those wearing the mask are a health hazard to the general public. If you're sick or vulnerable, then yes, by all means wear one, but then you shouldn't even be out during this pandemic. I was in a store the other day and a woman that was wearing a mask, came right into my space, within inches, and stood there for several minutes while looking at her selections for vegetables. Masks aren't working and like you said, businesses already have that right. Anyway, please read those two articles? The first one is absolutely fascinating, FULL Of facts (something the liberals hate). God bless you Commissioner and thanks for your time! You're doing great work in the County! I wish I could say the same for the RINO Mayor of Pensacola. P.S. Feel free to pass those articles onto the other County commissioners so that they can be informed as well. God bless & protect you.
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