COMMENTARY BY MARTY CARLSON
CALIFORNIA CANNOT ORDER MASKS AS THERE IS NO PENALTY
Here are the recent headlines in California:
Gavin Newsom issues statewide mask order:
Californians must wear face coverings in public
CALIFORNIA CANNOT ORDER MASKS: California Gov. Gavin Newsom had recently ordered the enforcement of masks to be worn in public in California.
The new rules, according to Gov. Newsom, face coverings are mandated when riding in taxis and rideshare cars, taking public transit, standing in line to enter a building or walking through common areas like hallways, stairways, elevators and parking garages.
It also requires masks for people working in a building visited by the public even if no other people are present and at all locations where food is prepared or packaged for sale or distribution.
There also required outdoors when a 6-foot distance from each other cannot be maintained.
The new rules are intended to prevent people who are infected from with Covid- 19 but not showing symptoms from spreading the virus.
In the article says Newsom said he has decided to issue the guidance because we are seeing too many people with faces uncovered putting people at risk.
So, the question is what is his authority and ability to make such a requirement and enforce it?
It does not appear that there is one, there is no known law on the books, either criminal or civil, were some type of punitive action can be taken due to somebody not complying with wearing a mask.
You look at the new rules quoted by the governor and they are not actually rules but guidelines issued by public health department.
That guidance is written in a purely suggestive manner as an aid to help people who do want to wear masks. It does not quote any legal authorities for enforcement.
For any type of enforcement through law enforcement or any other means, there has to be sections in at least one of the numerous law books that are used in California.
In addition to be enforceable there has to be a punishment set in that law to make it enforceable.
California is well known for many laws that are non-enforceable for the exact reason they list no punishment.
If you choose to wear a mask in public I have no issue with that, but to simply wear the mask because the governor is telling you to because it’s mandated, is an outright falsehood and just be aware of the facts. Not enough people inform themselves.
In addition, many police chiefs and County Sheriff’s throughout the state have already come out and said they will not be enforcing that type of thing because it is non-enforceable from a legal standpoint.
And it’s ridiculous to try to make the public think that law enforcement is going to go around with their ticket books out and cite people who are not wearing masks.
See California public health guidelines below:
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