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California’s mask ‘mandate’ is not enforceable by law


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2022 Jan 22, 2:57pm   241 views  7 comments

by Patrick   ➕follow (55)   💰tip   ignore  

https://www.kusi.com/attorney-michael-curran-californias-mask-mandate-is-not-enforceable-by-law/?source=patrick.net


SAN DIEGO (KUSI) – Attorney Michael Curran, who represented hundreds of local businesses as they peacefully protested against the lockdown orders throughout the coronavirus pandemic, now says the new statewide indoor mask mandate is not being issued by Gov. Gavin Newsom.

Attorney Michael Curran joined KUSI’s Logan Byrnes on “Good Evening San Diego” to discuss more in detail Tuesday.

It is only a “requirement,” that does not cite “any particular authority,” said Curran.

Curran added that the mandate “is not an order at all, it is a memo, a ruse, a feint,” that is legally unenforceable, warning the state government is trying manipulate the citizens.

He described the action as a “flawed attempt at a mandate” and further explained that an enforceable public safety order must state how it is being issued, upon what law or government code it relies, and the punishment for not following the mandate.

This statement has none of those things, Curran emphasized.

This is a memo issued by California Department of Public Health and does not contain the word “order” in it, Curran added.

The memo made be read on California Department of Public Health’s website here.

Curran supplied KUSI News with the following statement:




The first businesses to advertise that they are MASK OPTIONAL are going to massively profit.

How can we get this info to all businesses in California?

Comments 1 - 7 of 7        Search these comments

1   GNL   2022 Jan 22, 8:24pm  

Patrick, mandates haven't had the force of law since day 1 everywhere. I live in Northern Virginia and I never wore a mask ANYWHERE except on the job and only about 50% of the time from the very start. Now I wear it only about 1% of the time when I'm on the job but NOWHERE else.

I've only been asked to leave 4-5 places that required masks in the last 2 years. This includes DC and MD also.
2   Patrick   2022 Jan 22, 8:43pm  

Stores around here will definitely throw you out if you don't wear a mask, no matter how flimsy.

Even Trader Joe's sadly.

They are afraid and obedient, but do they really have to be? Why don't they resist if it's not enforcable?
3   mell   2022 Jan 22, 8:47pm  

There are plenty of stores in CA, paso robles was full of them (around 50%), but even in wine country (maybe 10%-20%), where they don't care about masks, wine, food, cpas etc. And they even explicitly tell you so if you ask. So they are clearly not afraid of any order that could be "enforceable" and fine them. So all of those who demand masks are basically instituting their house policy which is their right, but if they tell you it's because they have to then they're clearly lying.
4   Patrick   2022 Jan 22, 8:51pm  

If it's not enforceable, you'd think that at least some businesses would be scooping up the profits from serving the portion of society which is sane.

But I don't see any such businesses, at least not around here. So either it's actually enforceable, or those businesses have been scammed into believing it, or they the percentage of Karen businesses is 100% around here.
5   GNL   2022 Jan 22, 8:58pm  

Patrick says
Stores around here will definitely throw you out if you don't wear a mask, no matter how flimsy.

Even Trader Joe's sadly.

They are afraid and obedient, but do they really have to be? Why don't they resist if it's not enforcable?

That is a very good question. But mandates are NOT law. If you pushed it far enough (if you're retired and have enough $$, you could personally test this) and refused to leave the store for not wearing a mask, you'll find that you will either be fined or arrested for trespassing NOT for breaking a mask mandate.
6   GNL   2022 Jan 22, 9:01pm  

Patrick says
If it's not enforceable, you'd think that at least some businesses would be scooping up the profits from serving the portion of society which is sane.

But I don't see any such businesses, at least not around here. So either it's actually enforceable, or those businesses have been scammed into believing it, or they the percentage of Karen businesses is 100% around here.

Has a law been passed in the location you're referring to? I assume NY city and San Francisco has passed laws. Maybe I'm wrong?
7   Shaman   2022 Jan 22, 9:05pm  

This is accurate. The “mask mandate” has zero force of law. Now how do we get people to stop the mandates?

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