Thursday, May 21, 2020

HERE WE GO: Florida statutes banning the wearing of masks

During this age of coronavirus the mask-wearing edicts of elected officials in some Florida counties are an unmitigated disaster that created a patchwork of local executive orders virtually impossible for anyone traveling around the state to keep up with. 

And wearing a mask would be violations of certain Florida statutes. 

Officials in Osceola County, Florida mandated the wearing of masks in public "until further notice; thank goodness their initial threat of 60 days in jail and a fine of up to $500 was eventually rescinded.

Meanwhile over in Miami Beach  the Mayor announced an emergency measure ordering customers and employees to wear face masks at grocery stores, restaurants and pharmacies at the risk of being turned away from the businesses. 

And the Miami Beach order failed to go through  the standard city council, public health department, open meeting, public comment process. 


Wanna know why?

I'm no attorney but I know how to look up Florida statutes.

Meet Florida chapter 876.(emphasis mine)

876.11Public place defined.—For the purpose of ss. 876.11-876.21 the term “public place” includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways, or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; and all grounds and buildings owned, leased by, operated, or maintained by public authority.

876.12Wearing 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.

876.13Wearing mask, hood, or other device on public property.—No person or persons shall in this state, 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 or within the public property of any municipality or county of the state.

And last I checked, executive orders do not override the state Constitution. 

Take the mask off, put the mask back on - but not while you're in a parking lot, public street (while your driving??). Yes, I know, context is everything --the totality of the circumstances should be considered by law enforcement before arresting someone wearing a mask.

But why take chance?

Like I said, a patchwork of orders with consequences that could expose you (no pun intended) to misdemeanor or felony charges.

No thanks. No mask for me.