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  • robertearle
    replied


    "Is forcing women to wear tops unconstitutional?"

    No. That's the point.

    "What is the constructional right that relates to face coverings?"

    "No shirt, no shoes, no service" is not unconstitutional because we have decided that wearing shoes in a public store or restaurant, etc. is in the interest of public safety and public health. You don't have to go into the store, but if you do, you gotta wear shoes.

    "Put on a mask" is VERY MUCH the same thing.

    The right to not "wear tops" would be an individual freedom of expression - aka. "freedom of speech" - in what clothes we wear, or choose to not wear. But - like ALL Constitutional rights - that freedom of expression can be limited when it collides with what we'll call 'public modesty' or 'public decorum', etc.; courts have decided that we can't walk around with our boobs out or our junk out on display. (And obviously, there are situations - strip clubs, etc., - where the restriction does not apply, where 'speech' of that kind is allowed.) Now, you can disagree with that decision and that restriction. But that's the way it goes; disagreeing does not equate to a right to ignore the restriction or defy the restriction.

    "Put on a mask" is VERY MUCH the same thing.

    Last edited by robertearle; 07-17-2020, 08:20 PM.

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  • Offsides Guy
    replied
    Originally posted by robertearle View Post

    ...unless and until your state government and the courts decide otherwise.

    Once more, EVERY Constitutional right can be restricted and abridged under the 'right' circumstances.
    What is the constructional right that relates to face coverings? Is it the same one that does not allow a woman to walk around topless in public? Is forcing women to wear tops unconstitutional?

    Leave a comment:


  • robertearle
    replied
    Originally posted by ARM View Post
    You are free to decide that your rights far outweigh any such responsibilities.
    ...unless and until your state government and the courts decide otherwise.

    Once more, EVERY Constitutional right can be restricted and abridged under the 'right' circumstances.

    Leave a comment:


  • ARM
    replied
    Originally posted by Call It View Post
    So presumed guilty? You are assuming that someone is putting you at risk just by their presence.
    Note that I didn't say anyone was putting me at risk. I don't think that I am positive for Covid-19, but I don't know that for a certainty at any moment. So I choose to wear a mask in situations where I'm not socially distanced, in the hope that it will help protect others. I'm not presuming that I'm "guilty," just that I'm not 100 percent confident that I'm "innocent" when it comes to carrying Covid-19. I believe that is my responsibility as a member of our society. You are free to decide that your rights far outweigh any such responsibilities.

    Leave a comment:


  • Timothy A
    replied
    Originally posted by Offsides Guy View Post
    Dems certainly could not fault him for such leadership.

    I'm no genius but I don't see why this plan wouldn't work.
    Sure they would fault him....why didn't you mandate sooner? They would say. Nothing he does will ever be deemed the right move by Dems. Nothing. Sadly, that won't change.

    I think conservatives who oppose the mask are wrong. Put one on. It's no big deal. Do that or the Gov shuts down your life like they did 2 months ago. Take one for the team. I am.

    Leave a comment:


  • Offsides Guy
    replied
    How about this? Trump and his administration lead the way in asking (mandating?) all of America to wear masks in public for 21 days. He says he and his people will lead by example and the goal is to see just how much we stop the spread of the virus before schools open. He could make it a patriotic thing ("America's health first!") and call it the 21-Day War on the virus (#21daywar). With a definitive, 21-day trial period, everyone knows the end date and, for those not into masks, they're being asked to make a small, temporary sacrifice for their country. Also, if at the end of the 21 days there's little or no reduction in the spread of the virus, then we know masks aren't effective enough to be mandated.

    If it's true that the mask argument seems to be falling along party lines, Trump's taking the lead on this could go a long way getting those currently defiantly not wearing masks to wear them. Though personally it would pain me, it could even help his reelection effort as he would be seen as a caring leader and Dems certainly could not fault him for such leadership.

    I'm no genius but I don't see why this plan wouldn't work.

    Leave a comment:


  • robertearle
    replied
    Originally posted by Call It View Post

    after the police are defunded?
    Change the channel on your TV.

    ------------

    When things got bad in Italy - and things were BAD in Italy in March and April - they went into a lock-down strict enough that they had armed troops on the streets enforcing the lock-down. If you didn't have proper paperwork, they would stop you and either arrest you or fine you.

    And that worked. They were able to contain the spread of the infection, and are back to some reasonable version of normal life.

    I'm tempted to say that right now, we're Italy and it's April. But the US right now puts up numbers of new infection cases in a matter of four or five days the equal or more of the number of cases Italy has had during the ENTIRE time of the pandemic. We are SO MUCH worse off than Italy was and Spain was, etc etc.

    Put on the effing mask.
    Last edited by robertearle; 07-16-2020, 02:09 PM.

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  • Call It
    replied
    Originally posted by robertearle View Post


    And our courts have decided that the state can compel you to put on an effing mask!

    Perhaps but who will enforce it after the police are defunded? What's the penalty? This isn't a small percentage of the population opposing masks.

    How many schools with WIH do not make it through this? The NESCAC schools will be fine but State schools?

    Leave a comment:


  • robertearle
    replied

    "So presumed guilty?"

    If you want to frame it that way, yes.

    "You are assuming that someone is putting you at risk just by their presence."

    Yes. And for the time being, with good cause and good reason.

    "This is a horrible precedent going forward."

    It is not the "precedent"; Jacobson v Massachusetts is the precedent.

    "I'm choosing not to live in a bubble but rather boost my immune system."

    It can become, and - depending on where you live - may already be NOT your "choice".

    ALL Constitutional rights can be limited under the 'right' circumstances. The conflict between individual rights and societal rights and powers is as old as humanity itself. Courts weigh those conflicts and set the standards that become the law and the conditions under which you live as part of that society.

    And our courts have decided that the state can compel you to put on an effing mask!


    Last edited by robertearle; 07-16-2020, 01:07 PM.

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  • Russell Jaslow
    replied
    Originally posted by Call It View Post

    So presumed guilty? You are assuming that someone is putting you at risk just by their presence. This is a horrible precedent going forward. I'm choosing not to live in a bubble but rather boost my immune system.
    I know anyone who comes in contact with me is putting me at risk. It's up to me to decide how much risk I want to be in by how much I want to isolate myself. But, it's also up to you to help reduce that risk to me by wearing a mask, just like I will wear a mask to reduce your risk to me. It's called being a responsible member of society. Which we obviously don't have in this country.

    Leave a comment:


  • Call It
    replied
    Originally posted by ARM View Post
    When I first started working, my boss could call me into his office for a meeting and chain smoke throughout it. Eventually, a smoker's right to smoke in public became secondary to the rights of others to not inhale cigarette smoke.

    Is wearing masks to attempt to slow the spread of Covid-19 that different? Americans do have rights to choose what to wear or not, but at least when I was taught U.S. Government, we also have responsibilities to not put others at risk.
    So presumed guilty? You are assuming that someone is putting you at risk just by their presence. This is a horrible precedent going forward. I'm choosing not to live in a bubble but rather boost my immune system.

    Leave a comment:


  • Call It
    replied
    Originally posted by Timothy A View Post

    My point was if you are at risk, don't put yourself in risky situations and take care of yourself. By doing that you automatically do not put others at risk. Essentially, if my Mom wants to be stupid, I can't stop her from doing so.

    I don't understand all the rage about having to wear a mask. It is for the good of society as a whole and in no way stops me from doing anything that I want or can do. By not wearing a mask you are increasing the likelihood of having the Government stop you from doing what you want to as it did before. I say wear a mask and have all businesses and schools be open and ramp up or keep ramped up the cleaning.
    First it's a Mask and then its a ... ? The mask, social distancing and all of other protocols are good on paper and horrible in human execution. Most don't wear them properly.

    Leave a comment:


  • Call It
    replied
    Originally posted by ARM View Post
    When I was young, there was much controversy regarding the wearing of seat belts. Eventually, public safety arguments won out over arguments of personal freedoms, and seat belts became mandatory. When I first started working, my boss could call me into his office for a meeting and chain smoke throughout it. Eventually, a smoker's right to smoke in public became secondary to the rights of others to not inhale cigarette smoke.

    Is wearing masks to attempt to slow the spread of Covid-19 that different? Americans do have rights to choose what to wear or not, but at least when I was taught U.S. Government, we also have responsibilities to not put others at risk.
    Seat Belt laws were driven forward by the Insurance companies and masked behind a concern for public safety.

    Leave a comment:


  • robertearle
    replied
    Originally posted by ARM View Post
    When I was young, there was much controversy regarding the wearing of seat belts. Eventually, public safety arguments won out over arguments of personal freedoms, and seat belts became mandatory. When I first started working, my boss could call me into his office for a meeting and chain smoke throughout it. Eventually, a smoker's right to smoke in public became secondary to the rights of others to not inhale cigarette smoke.

    Is wearing masks to attempt to slow the spread of Covid-19 that different? Americans do have rights to choose what to wear or not, but at least when I was taught U.S. Government, we also have responsibilities to not put others at risk.
    "No shirt, no shoes, no service".

    Reasonable restrictions put in place to further public safety. Happens all the time. Masks here are no different.

    (As for legal justifications, there is a 1905 Supreme Court case - Jacobson v Massachusetts - where the Court held that a state can compel compliance with a vaccination law in the interest of public health and safety; in that case, a smallpox outbreak. If a state can compel the actual invasion of a citizen's body in the form of an injection, they can **** well order the wearing in public of a piece of clothing.)

    (LOL! The web site did an 'auto-correct' on the homonym for a structure that contains the flow of water. Dang!)

    Leave a comment:


  • ARM
    replied
    When I was young, there was much controversy regarding the wearing of seat belts. Eventually, public safety arguments won out over arguments of personal freedoms, and seat belts became mandatory. When I first started working, my boss could call me into his office for a meeting and chain smoke throughout it. Eventually, a smoker's right to smoke in public became secondary to the rights of others to not inhale cigarette smoke.

    Is wearing masks to attempt to slow the spread of Covid-19 that different? Americans do have rights to choose what to wear or not, but at least when I was taught U.S. Government, we also have responsibilities to not put others at risk.

    Leave a comment:

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