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I ran into an individual who first said he/she could not wear a mask at work because it violated his/her constitutional rights, specifically the fifth amendment. Later he/she said it violated his/her right to privacy. I asked several different ways how wearing a mask correlated to any of that. The response was "you can't mandate I wear a mask and that is my statement".
I am SO confused what the heck he/she was talking about. Does anyone have any ideas because I am super curious. My guess is that he/she may have lowered intelligence but maybe there is something I don't know.
I'm not seeking people's opinions on whether or not they wear a mask just trying to grab my hands around this argument that was not explained above.
"Fifth Amendment. One of the ten amendments to the United States Constitution that make up the Bill of Rights. The Fifth Amendment imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law."
Not really sure how that applies to your friend's refusal to wear a mask.
All I can think is that gov. can't mandate that anyone wear a mask, and thus, one can't be arrested, charged, punished for not wearing a mask.
That said, a private company CAN mandate that you wear a mask, as many companies have. Create a disturbance over the issue, you could get arrested for creating a disturbance, or you could get fired, etc.
So if they feel it violates their rights to wear a mask that's fine, but the store is within their rights to deny entry to that person. I've witnessed some pretty impressive tantrums from this policy that would give my 2 year old a run for his money.
If a store makes it mandatory, I personally, have no problem, but if some governor makes it a requirement, I want them to quote the statue of that law! Glad to say I live in a state where it is not mandatory and have come across NO stores where it is required by store policy.
If a store makes it mandatory, I personally, have no problem, but if some governor makes it a requirement, I want them to quote the statue of that law! Glad to say I live in a state where it is not mandatory and have come across NO stores where it is required by store policy.
I live in Missouri. Some stores REQUIRE it, others strongly suggest it.
I don't have an issue with what the stores want/require. But I think it super sucks to have to work with a mask on. So far, working from home, that hasn't been an issue for me.
Thanks and to clarify this is absolutely not my friend, just some random person. I am well aware of what the laws are and are not but what I cannot understand is how a sane person could make this argument. I'm going with he/she has mental retardation.
So if they feel it violates their rights to wear a mask that's fine, but the store is within their rights to deny entry to that person. I've witnessed some pretty impressive tantrums from this policy that would give my 2 year old a run for his money.
So, I have a question.
American citizen is a free person within a free country. His rights, liberties and freedoms are guaranteed by constitution. One of those rights is freedom of movement from a point to a point. Unless, it is violating boundaries of another freedom - freedom of personal and private property.
So exactly what legal right does a "store", or any other business, have, to implement their own decisions on who has right to enter and who does not? I am pretty sure, those store owners don't even really own the property, they most likely rent it. Then, there is landlord. Does landlord have such legal right?
I am more curious about LEGAL aspects of A business making decision, limiting US citizens in their constitutional rights? I mean, next, there will be store imposed limitations based on what? Height? Skin color? Ethnicity? Haven't we seen this before? No such and such allowed?
So, I have a question.
American citizen is a free person within a free country. His rights, liberties and freedoms are guaranteed by constitution. One of those rights is freedom of movement from a point to a point. Unless, it is violating boundaries of another freedom - freedom of personal and private property.
You are misinterpreting what freedom of movement means. It does not mean a citizen has a hall pass to roam where and when they like.
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So exactly what legal right does a "store", or any other business, have, to implement their own decisions on who has right to enter and who does not? I am pretty sure, those store owners don't even really own the property, they most likely rent it. Then, there is landlord. Does landlord have such legal right?
Own or Lease, a business can only act through their Agents (the basic law of Agency). If the business itself is the owner, they set the rules. If the business is a Renter of the property, they also set the rules, as long as they comply with the terms of the Lease, the LL has no say in the operations except when actions warrant legal intervention.
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I am more curious about LEGAL aspects of A business making decision, limiting US citizens in their constitutional rights? I mean, next, there will be store imposed limitations based on what? Height? Skin color? Ethnicity? Haven't we seen this before? No such and such allowed?
A store/business, as we address it here, is what is known as a Public Accommodation by law, therefore PA laws apply, federal and state. Very rarely can a private entity violate a persons/citizens 1st AM rights.
You use the skin color, ethnicity correctly though. A business can not discriminate against these and other protected classes.
Example: Store A allows white people to shop without masks, but orders blacks to wear masks in order to enter as a business invitee. Illegal.
Example: Store A requires everyone who wishes to enter wear a mask. Legal.
Funny, I tend to feel like a mask *protects* my privacy...
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