I get your point, but the fact is there is no constitutional provision whereby this governor can force you to wear a face mask against your will. Unless they actually invoke martial law which these cowards will not do. I say cowards because they know the baggage that comes with the declaration, but in the absence of such a declaration they are simply saying the constitution is meaningless.
Additionally, it is absolutely fine if a PRIVATE business says “DO not come in my shop without a mask” as they have the right to make such a demand in their private spaces.
Depending on how the ‘emergency powers act’ is put together by the state legislators, they might have the legal authority for certain things while the declaration is in effect. And it can be so broadly written that it is simply a mess. Which most of them are. You can’t (shouldn’t) just toss out civil rights. By the way, anyone heard a peep from the aclu?
Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.
The authority for carrying out these functions on a daily basis has been delegated to the Centers for Disease Control and Prevention (CDC)."
https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html
State Quarantine and Isolation Statutes
https://www.ncsl.org/research/health/state-quarantine-and-isolation-statutes.aspx