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To: justa-hairyape
A mask with a big hole in it is sufficient compliance with government orders that people wear masks. A Halloween mask is adequate compliance. Government orders that people wear masks are not enforceable in any court proceeding that the accused hasn't agreed to, i.e., they aren't enforceable if the accused don' wanna.

Ditto for stay at home, business closure and social distancing orders. NONE of these are legal, let alone constitutional. Government claims that such orders are legal are pure lies. At best it's something they want gullible people to believe. AFAIK, no court anywhere in the US has held that CV19 orders are legally enforceable. At best some courts have ducked the issue or urged the parties to work out a deal.

This changes when a governor or the President declares a state of martial law, but none have so far and, effectively, they can't until the daily death rate goes up by another zero.

"A mask with a hole cutout is not a mask. It serves no purpose."

128 posted on 05/04/2020 10:14:18 PM PDT by Thud
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To: Thud

I dont care what a virus mutating government says about anything. You ain’t getting in with a potential biowarfare germ. We are at war.


134 posted on 05/04/2020 11:29:17 PM PDT by justa-hairyape (The user name is sarcastic. Although at times it may not appear that way.)
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To: Thud
'no court anywhere in the USA has held that CV19 orders are legally enforceable"

that's a couched statement, considering no challenges have been made in the last two months. But you're being misleading.

FEDERAL: 1944, Public Health Service Act - allows the President via EO to enforce quarantines on a national level once a national public health emergency has been declared by the CDC, and if the CDC determines that states will not or cannot control infection within their own borders “necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into another State or possession.” This includes Presidential authority for "the apprehension, detention, or conditional release of individuals . . . for the purpose of preventing” state to state transmission of a communicable disease. It also allows for travel permits.

(This is the 'absolute power' Trump spoke of and that the illiterate scoffed at)

(And this is why, my DH, carried a letter of authorization as a critical need worker that allowed him, specifically in Arkansas, to rent a hotel room when rules in Arkansas allowed only essential workers and the quarantined to rent hotel rooms in that state)

The Public Health Service Act of 1944 follows and enhances legislation passed by Congress in 1878, 1890, 1893, and 1906, all of which authorized measures to prevent international and inter-state transmission of epidemic and/or communicable disease considered a major health threat to the nation.

Violation of a federal quarantine carries a penalty of $100k or a year in jail, but if violation causes death, that penalty rockets to $250K plus extended jail time.

STATES: 1824 - Gibbons vs Ogden, SCOTUS - held that states held the power to quarantine. This ruling was reffirmed by SCOTUS in Compagnie Francaise de Navigation a Vapeur vs. Louisiana Board of Health, Argued October 29-30, 1900. Affirmed June 2, 1902. 186 U.S. 380.

Each state, under their individual duty to protect the health, welfare and safety of its citizens via police powers held by each state, has enacted legislation that allows for the Governor, on recommendation of county health officials, or for county health officials themselves, to quarantine individuals or areas to control infectious disease within the boundries of their states, including closing borders. Whether it be forced quarantine of individuals, such as tuberculosis and measles patients under treatment, or isolating of entire neighborhoods or townships. (current example: Gallup, NM)

212 posted on 05/05/2020 1:17:31 PM PDT by blueplum ("...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017))
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