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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.
Executive orders (vary state to state yet encapsulate to some degree)
trigger emergency powers during natural disasters, energy crises, and other situations requiring immediate attention;
create advisory, coordinating, study, or investigative committees or commissions; and
address management and administrative issues such as regulatory reform, environmental impact, hiring freezes, discrimination, and intergovernmental coordination.
Which the pandemic and health advisory ( proclaiming a disaster) allows them the right to intercede for the welfare of that Community.
The OP inquired though about the person whos thought process hides behind their interpretation of the constitution and NOT the factual determination of such according to the supreme court branch.
Such a person is for lack of a better word, ignorant to the rights and restraints set forth by the constitution.
I rarely would waste my time listening to someone who has a vague clue of the REAL empowerment of these constitutional rights and restraints. As they only allow their minds to apply what is convenient to their personal cause .Taking a portion and calling it the entirety. ergo- narrow minded.
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.
Somewhere between state and statute is statue. You were so close. Nobody can quote a statue for statues are silent, inanimate objects (which many people feel should be torn down, currently, depending on what those statues happen to depict).
Disclaimer: I'm NOT a lawyer (I wanted to go to law school, but didn't qualify because my parents were married.)
Quote:
Originally Posted by ukrkoz
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.
?
Being a non-American, we can excuse your interpretation of our Constitution....Unfortunately, many Americans don't realize the real meaning of our Bill of rights either....They enumerate the things the GOVT can't do to you and don't apply to private parties. Eg- The govt can't prosecute you for speaking your mind on politics, but I can kick you out of my house for expressing a point of view I don't like.
Quote:
Originally Posted by LTU2
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.
.
I personally think a private entity (even a "public" business) should be allowed to discriminate. The logical extension of "no discrimination laws" is that the govt can take away your right to limit who enters your house....While a business should have the right to discriminate, to do so would usually be an unwise business decision.
In regards face-masks--- legally mandating them is analogous to legally mandating that everyone wear underpants...While we may be able to present data showing the health benefits of bloomers, the govt should stay out of our shorts ...and faces.
Everyone has the right to be ignorant...although many people abuse the privilege.
I’m required to wear shoes and a shirt when entering a business. There’s a “no shirt, no shoes, no service†sign on the door. Why is this any different?
In a pandemic, it’s our civic duty to adopt behavior that keeps the transmission rate below 1.0. It’s probably enough to practice good hand hygiene, avoid human contact, and wear a mask indoors and where we can’t maintain 6 feet of separation outdoors. If you’re not doing that, you’re part of the problem and you’re harming society.
Wearing the mask is not about public health and safety. Wearing the mask is about control over people.
Wow, the govt can seize your land/house by eminent domain, pay you diddly, just to turn it over to their developer buddy. You have no problem with that. Cause the developer shouldnt have to actually negotiate a price for you property, that would cost too much and he deserves to be rich and the govt entity deserves property to generate maximum taxes. But you have to wear a mask in public to enter a store during a pandemic and this is something you are super concerned with????
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?
"No shirt, no shoes, no service" signs have been around for decades, yet no one (let alone newly-minted Constitutional scholars from Google University) seems to be up in arms about them. I see signs that require masks for entry in exactly the same way.
Example: Store A requires everyone who wishes to enter wear a mask. Legal.
They'd probably have to make an exception for those who have issues with wearing a mask due to medical reasons, or they may run afoul of the ADA or other similar laws.
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.
There are plenty of people who want to make that argument. People who think emotionally instead of logically, latching onto an idea because it fits their agenda. People I work with who are otherwise sane, educated, decent people are spouting this nonsense because they WANT it to be true, not because it is. And they sure aren't going to take the time to look up the truth of the matter, especially when their friends and families are all telling them they are right.
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