Masks Are Legal, Dummy | LegalEagle’s Real Law Review

TL;DR

Mask mandates are legal and constitutional under the rational basis test, and businesses can require customers and employees to wear masks on their premises.

Transcript

• Thanks to Mack Weldon for keeping Legal Eagle in the air and helping me look fly. You hear it time and time again, when Americans are told they should wear a mask indoors. - [Man] I'll just put you on my 3000 follower Instagram feed, mostly locals. - Hi, everyone! I work for Costco and I'm asking this member to put on a mask because that is our c... Read More

Key Insights

• ✊ Mask mandates are legal and constitutional under the government's police power to protect public health.
• 😷 Businesses have the authority to require masks on their premises to ensure the safety of employees and customers.
• 😷 The ADA allows businesses to deny entry to individuals without masks if it poses a direct threat to others' health.
• 😘 The rational basis test sets a low bar for upholding mask mandates, and they have been upheld in court based on public health justifications.
• 😷 Mask requirements during a pandemic are not unprecedented, as similar measures were taken during the 1918 flu pandemic.
• 😷 Lawsuits against mask orders face an uphill battle and must demonstrate no rational basis for the law.
• 😷 Some states grant municipalities greater autonomy to impose mask mandates, while others limit their authority.

Questions & Answers

Q: Do individuals have the right to refuse wearing masks based on their constitutional rights?

The government has the authority to regulate certain conduct, including mask mandates, to protect public health. If a law appears to interfere with a constitutional right, it can be challenged in court, but mask mandates have a rational basis for protecting public safety.

Q: Can businesses require customers and employees to wear masks?

Yes, businesses have the authority to set their own rules for customers and employees on their premises. Mask requirements for the safety of everyone during the pandemic are generally upheld.

Q: Can individuals claim exemptions from mask mandates based on health reasons?

The ADA prohibits eligibility and screening criteria that exclude individuals based on disability, but businesses can rely on government mask orders and CDC guidance in refusing entry to individuals without masks. Reasonable accommodations, such as online ordering or curbside pickup, can be offered instead.

Q: What happens when state governors and city mayors have conflicting views on mask orders?

The outcome depends on the Home Rule Doctrine, which varies by state. Some states give municipalities greater police powers, allowing them to make their own rules, while others limit their authority to that granted by the state government.

Summary & Key Takeaways

• Mask mandates are based on the government's police power to protect public health and prevent the spread of COVID-19.

• Businesses have the authority to require customers and employees to wear masks on their premises to ensure the safety of everyone.

• The Americans with Disabilities Act (ADA) allows businesses to deny entry to individuals without masks if it poses a direct threat to the health and safety of others.