I'd like to point out to anyone who thinks that "you do you" public health is sustainable that it's illegal to wear a mask in many public places in the US. This has only been on hold because of the emergency declaration and that's about to end.
For example, let me introduce you to my local law in Florida. Florida State statute 876.12:
Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state.
This law was pointed out to my wife by a law enforcement officer who really wanted to arrest her for wearing a mask in a grocery store last year.
If you think you're going to be able to avoid COVID after the end of the emergency declaration you'd better be a full on hermit who never has to venture out.
@BE how does that square with florida's RFRA? it would seem to be in direct conflict with religious mandates to cover one's face.
@BE also, it seems that your cop wasn't aware of the FL requirements for intent under Florida Statute Section 876.155, to be guilty of violating 876.12?
this note identifies some FL caselaw on the topic, but my google isn't strong enough to quickly find the referenced opinion: https://criminaldefenseattorneytampa.com/practice-areas/face-mask/
I hadn't actually seen that link, so thank you.
So, I know this post and the comments have gotten unwieldily. I mentioned this a couple of times, but what I believe is that under paragraph 3:
(3) With the intent to intimidate, threaten, abuse, or harass any other person
What the policeman was saying was that it was my *wife* who was harassing the woman following her around threatening her in the store for wearing a mask.
Florida harassment law is "problematic" because it's ill defined:
"In Florida, both harassment and stalking involve behavior that distresses another person, and both are loosely defined. Florida defines harassment as behavior that causes substantial emotional distress to a person and serves no legitimate purpose."
https://legalbeagle.com/6369919-harassment-stalking-laws-florida.html
This is the state in which people complain all of the time, and have enshrined law to combat, about talking positively about black people in history because it causes emotional distress to white kids.
It's been used prior to the pandemic, and not just in Florida, for masking against allergies or chemical sensitivities, so, given the political nature of it and Florida I know we won't be the ones testing it out in May after the emergency declaration ends.
@BE and i imagine wearing masks for health protection isn't a "legitimate purpose" because florida. sigh.
Exactly.
I've learned more than I ever intended to about this whole thing as people have asked questions, and honestly that's been interesting. Virginia, for instance, has almost exactly the same law but specifically state that wearing a mask for medical purposes has to be approved by a physician and you have to carry a physician's note detailing why, what your mask looks like and for how long you need to use it. So they, clearly, think that "mask" refers to something like an N95 in this context.
