The defendant acts with the specific intent to transmit or cause an afflicted third party to transmit that disease to another person. These laws have various origins. (California Health and Safety Code § 120295, et seq. The claim: The Civil Rights Act of 1964 allows religious exemptions to mask mandates. There were no changes in nurses’ blood pressure, O2 levels, perceived comfort, perceived thermal comfort, or complaints of visual difficulties compared with baseline levels." pt. There is often a plexiglass divider between customer and cashier. Butting Up Against Old Anti-Mask Laws. Those stress hormones -- such as cortisol and corticotropin-releasing hormone -- can help respond to an immediate threat. In this photo, members of the Anonymous group wear Guy Fawkes masks in Los Angeles, California. You enforce 6 feet distance between people. Video: Gym owner goes on an anti-Asian racist tirade, threatens woman with violence, Woman destroys claims that it’s ‘inaccurate’ to have Black people in ‘Bridgerton’, Viral video shows park ranger tasing Navajo man and his dog for going off-trail, Black officer to racist inmate: ‘I’m gonna beat that [N-word] word out your motherf*cking a**’. Many states — about 15 — have laws that forbid you to wear masks. Contact the businesses you want to visit in advance. Residents of one California county have been ordered to wear masks in public to contain the spread of COVID-19 — or face a $1,000 fine. PERSONAL RIGHTS CIVIL CODE SECTION 43-53 43. ... CA CIVIL CODE 51. Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. The legal framework for mask … These state and local actions are executive orders — not laws — but mask laws do exist. In other parts of the country, however, mask wearing is subject only to governmental advisories and recommendations. California Statutes. 43.1. Reference 2: New findings, published in the Annals of Internal Medicine, suggest that neither surgical nor cloth masks are at all effective in stopping the spread of SARS-CoV-2. Some 15 states have anti-mask laws, as do many counties and municipalities. Are you providing a licensed medical doctor at the entrance to your store to provide physical exams of the public to make this recommendation?”, “Are you aware that my civil liberties protection (in CA, it is California Civic Code 51 (b) states that I am a free and equal citizen and cannot be denied services by any business establishment due to a medical condition?”. (b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or … Reference 5: FACE MASKS POSE SERIOUS RISK TO HEALTHY. Health and Safety Code 120290 HS is the California statute that makes it a crime for a person intentionally to transmit an infectious disease. Use the bullet point examples below in the form of questions. §§ 12131-12165. After several failed efforts to use the ADA, HIPAA and the Fourth and Fifth Amendments to fight mask … The stress hormone corticosteroid can suppress the effectiveness of the immune system (e.g. NOTE: Many links are being scrubbed (removed) from the Internet. Section 51. ... so California civil code 51, or the Unruh Civil … "Being stressed out for a long period of time might increase anxiety, a new study shows. A study on health effects of wearing masks. -In other words, unless you are already sick or have a weakened immune system, wearing a mask is going to do more harm than good. (1) New England Journal of Medicine: "We know that wearing a mask outside health care facilities offers little, if any, protection from infection." Here are MEDICAL REFERENCES that show cloth or paper masks don’t work to prevent infection, and actually put your health at risk: Reference 1: Mask guidance from the WHO World Health Organization. For more detailed codes research information, including annotations and citations, please visit Westlaw . GIFT CERTIFICATES CIVIL CODE SECTION 1749.5-1749.51 1749.5. Our systematic review found no significant effect of face masks on transmission of laboratory-confirmed influenza." “A defendant is guilty of intentional transmission of an infectious or communicable disease if all of the following apply: The defendant knows that he or she or a third party is afflicted with an infectious or communicable disease. §§ 12131-12165 and the relevant regulations implementing Title II, 28 C.F.R. Civil Code §51. Civ. His feature work can be regularly found in 'The Austin Chronicle'. 7 Note that it is a common practice in many Asian countries to wear face masks in public to protect against pollution and/or disease, that mask-wearing is not a reason to … California Civil Code Section 51.12 CA Civ Code § 51.12 (2017) (a) The Legislature finds and declares that the requirements for senior housing under Sections 51.10 and 51.11 are more stringent than the requirements for that housing under the federal Fair Housing Amendments Act of … California Civil Code 51 seems pretty black and white, UNTIL! All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. The Unruh Civil Rights Act (California Civil Code Section 51) provides protection from discrimination by all business establishments in California, including housing and public accommodations, because of age, ancestry, color, disability, national origin, race, religion, sex … Speak to the manager calmly and with conviction. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. Dept of Labor OSHA guidlines... Human beings must breathe oxygen to survive, and begin to suffer adverse health effects when the oxygen level of their breathing air drops below [19.5 percent oxygen]. Penal Code §§ 69, 148(a)(1)) What is a mask (face covering)? --- If the cashier is WEARING a mask, and standing BEHIND a plexiglass divider, why in the world would I need to wear a mask to protect her/him? While the study does not show long term health effects they will eventually be unavoidable because physiological short term symptoms are still present. In fact, they are the opposite. The order has to be reasonable. Copyright © The Healthy American | All Rights Reserved. Most anti-mask laws do not target specific groups explicitly. Masks do not provide the protection people think they do.” LINK HERE, (10) WHO, Dr. Mike Ryan:”There is no specific evidence to suggest that the wearing of masks by the mass population has any potential benefit. Instead, they use neutral language, typically banning mask wearing that intimidates others. "When we're stressed, the immune system's ability to fight off antigens is reduced. 2005, Ch. 2005 California Civil Code Sections 1749.5-1749.51 TITLE 1.4A. “How can a person be forced by any business or government entity to wear a mask (which affects the respiratory system) without having a physical exam by a licensed doctor who approves such an action?” ~ Peggy Hall, Masks reduce intake of oxygen, leading to carbon dioxide toxicity, Germs are trapped near your mouth and nose, increasing risk of infection, Wearing a mask causes you to touch your face more frequently, There is no scientific evidence that supports healthy people wearing masks, Masks obscure your facial features and impede normal social interaction, Masks make it hard for hearing-impaired people to understand you. ; Cal. "Wearing an N95 for an entire 12-hour shift had statistically significant negative effects on some physiologic measures and subjective symptoms. You require your associates to wear masks. That is why we are more susceptible to infections. Box 997377, MS0500 Sacramento, CA 95899-7377 Department Website (www.cdph.ca.gov) • Inside of, or in line to enter, any indoor public space; 1 • Obtaining services from the healthcare sector in settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or § 35.130. California Statutes are Chaptered Bills. In pooled analysis, we found no significant reduction in influenza transmission with the use of face masks" Source: Article, Nonpharmaceutical Measures for Pandemic Influenza in Nonhealthcare Settings—Personal Protective and Environmental Measures | From the Center for Disease Control Website, "Disposable medical masks (also known as surgical masks) are loose-fitting devices that were designed to be worn by medical personnel to protect accidental contamination of patient wounds, and to protect the wearer against splashes or sprays of bodily fluids (36). 3.) 1. When stores have chosen to set mask-wearing rules, as Costco did on May 4, the result has sometimes been conflict. Government Code section 11015.5, subdivision (6), prohibits DFEH and all state agencies from distributing or selling any electronically collected – Ross Ridge May 26 at 22:51 The defendant or the third party transmits the infectious or communicable disease to the other person.”. pt. Civ. 51.7. The law was enacted in 1959 and was named for its author, Jesse M. Unruh. And that means that stores are free to set their own rules. California Government Code sections 11135 et seq., 12900 et seq., and California Civil Code sections 51, 51.7, 52.5, and 54 et seq. 6 Ralph Civil Rights Act of 1976, Cal. In the case of the mask requirements in Knox County, it was passed by the board of health by a vote of seven-to-one. : Watch “CDC Mask Deception”, (6) Neurosurgeon Dr. Russell Blaylock :”There is no scientific evidence that masks are effective. When a public entity provides services, programs, or activities to the public, no qualified individual with a disability shall be excluded from participation in, be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity on the basis of disability. At concentrations of 16 to 19.5 percent, people engaged in any form of exertion can rapidly become symptomatic as their tissues fail to obtain the oxygen necessary to function properly (Rom, W., Environmental and Occupational Medicine, 2nd ed. An anti-mask Karen couple tries to accuse a frozen yogurt shop employee of discrimination by misusing the California state law. 35 and 49 C.F.R. Reference 3: A randomized-study with cloth masks show they INCREASE risk of infection. ", "YOU MAY CHOOSE TO WEAR A CLOTH FACE COVERING when you must be in public for essential activities, such as shopping at the grocery store.". Don't those things work? How to file an ADA complaint Contact the ADA Information Line at 1-800-514-0301, "FACE COVERINGS MAY INCREASE RISK if users reduce their use of strong defenses...", "Individuals... should wear coverings IF THEY FEEL COMFORTABLE DOING SO. Justia - California Civil Jury Instructions (CACI) (2020) 3065. Code, § 51.9) - Free Legal Information - … STORES CANNOT DENY MASK-FREE ENTRY - The Healthy American, Peggy Hall - YouTube. Over time, nurses’ CO2 levels became significantly elevated, from a statistical standpoint, compared with beginning-of-shift baseline measures; perceived exertion; perceived shortness of air; and complaints of headache, lightheadedness, and difficulty communicating also increased over time (Tables 3 and and4 ). 51. Sexual Harassment in Defined Relationship - Essential Factual Elements (Civ. If you are not sick, you should not wear a face mask.” LINK HERE, (7) Columbia University: Psychological Harms of Face Masks: "Many young children burst into tears or recoil when someone wearing a mask approaches. Wearing a mask can reduce oxygen intake by 20% or more causing the individuals oxygen inhalation to be well below the necessary 19.5 percent. Read this complete California Code, Civil Code - CIV § 51 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . (Amended by Stats. 3. CALIFORNIA Penal Code Section 182-185 185. -One reason I don't wear a mask and object to doing so is because I understand that the UNIMPEDED flow of oxygen is essential to my health and immune system. California Civil Cade 51 protects you from being discriminated against and denied entry because of your religion and medication condition (among other things.) --- If I have to stand behind a plexiglass divider at the checkout counter, how could I possibly infect the cashier? Source: Article, Nonpharmaceutical Measures for Pandemic Influenza in Nonhealthcare Settings—Personal Protective and Environmental Measures, From the Center for Disease Control Website Masks Don't Work: A Review of Science Relevant to Covid-19 Social Policy https://www.rcreader.com/commentary/masks-dont-work-covid-a-review-of-science-relevant-to-covide-19-social-policy. CO2 levels increased from a baseline average of 32.4 at the beginning of the shift to 41.0 at the end of each shift. Not all liberties are civil liberties however, only those granted by governments are, but I'm not sure if anyone who says having to wear a mask infringes on their civil liberties realizes that. The wording of the Bay Area orders is careful to use the term “face coverings” rather than mask. Code § 52.1. There is zero logic behind a healthy person wearing a mask if those at risk are already wearing masks. Terms & Conditions | Privacy Policy | Refund Policy | Statement of Purpose, 205 Avenida del Mar #681 | San Clemente, CA 92674 | CONTACT, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7132714/, https://www.rcreader.com/commentary/masks-dont-work-covid-a-review-of-science-relevant-to-covide-19-social-policy. Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations. CDC has zero evidence supporting healthy people wearing masks. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of: One--Evading or escaping discovery, recognition, or identification in the commission of any public offense. Source: Physiologic and other effects and compliance with long-term respirator use among medical intensive care unit nurses - Study, When a person has negative physiological symptoms for a long period of time it can cause stress and anxiety. (a) This section shall be known, and may be cited, as the Ralph Civil Rights Act of 1976. Read this complete California Code, Civil Code - CIV § 2985.51 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Science says healthy people should not wear masks. Cite as: Cal. Source: WebMd, Stress is a major contributor to disease manifestation since it is known to lower the immune system. (b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, … We are updating as possible. Below 19.5 percent oxygen air is considered oxygen-deficient. But they are not anything like coronavirus orders. California will require most people to wear face coverings while in public in efforts to slow the spread of coronavirus, Governor Gavin Newsom announced Thursday. If YES --- then why do I need to wear a mask? Any imposed restriction infringes on ones liberty. ; Little, Brown; Boston, 1992). The Attorney General is responsible for enforcing Title II of the ADA, 42 U.S.C. A video trending on Reddit shows an anti-mask Karen couple trying to levy accusations of discrimination on a frozen yogurt shop employee by misuse of the California state law. California Civil Code Sec. --- If I am standing 6 feet away from other people, how could I possibly infect them --- especially if they are already wearing a mask? For more detailed codes research information, including annotations and citations, please visit Westlaw . Section One Hundred and Eighty-five. Tell them you are coming, and you won’t be wearing a mask for medical reasons. Disclosure and Sharing We do not sell your personal information. California Civil Code 51 (b) A buisness owner *cannot* discriminate against you by throwing you out for the single reason of -you not wearing a mask, … The members who voted on it … A requirement that you not be naked in public infringes on your liberty. LINK HERE, (11) US Department of Labor — OSHA: ”Oxygen deficient is any atmosphere that contains less than19.5%.” This happens when the oxygen is displaced by inert gas such as CARBON DIOXIDE and is the leading cause of FATALITIES.” LINK HERE. Unruh Civil Rights Act (Civ. The study, published in Behavioral Neuroscience, lays some of the blame on stress hormones. LINK HERE, (8) US Surgeon General Jerome Adams:”Masks are not effective in preventing the general public from catching coronavirus.” LINK HERE, (9) Dr. Anthony Fauci: “People should not be walking around wearing masks. California Law consists of 29 codes, covering various subject areas. In fact, there are many of them. Code § 51.7; Tom Bane Civil Rights Act, Cal. California Civil Code Section 51. From New York to California, dozens of states across the country have implemented requirements for people to wear face masks in certain public spaces. The Unruh Civil Rights Act is codified as California Civil Code section 51. You compare it to the National Restaurant Association and then you reach a shocking conclusion! Chart providing details of California Negligence Laws. In fact, there’s some evidence to suggest the opposite in the misuse of wearing a mask properly or fitting it properly. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. We need your SUPPORT to continue doing this important work of researching and creating videos and materials to educate and inform — so we can LIVE LIFE FULLY and FREELY! Kahron Spearman is a music/film critic and copywriter. If you seek to file a complaint, you are required to provide us with sufficient information in accordance with California Government Code sections 11135 et seq., 12900 et seq., and California Civil Code sections 51, 51.7, 52.5, and 54 et seq. "There is limited evidence to suggest that use of cloth face coverings by the public during a pandemic could help reduce disease transmission.” LINK HERE, (4) FDA - “Even a properly fitted N95 mask does not prevent illness or death” LINK HERE, (5) CDC — There is no scientific evidence for healthy people wearing masks. (b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal … Search California Code. The order expressly allows for a variety of respirators, masks, scarves, bandannas, and … Source: Stress, Illness and the Immune System | Simply Psychology Website Study pdf link: Physiologic and other effects and compliance with long-term respirator use among medical intensive care unit nurses https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7132714/, Face masks: "In our systematic review, we identified 10 RCTs that reported estimates of the effectiveness of face masks in reducing laboratory-confirmed influenza virus infections in the community from literature published during 1946–July 27, 2018. UNRUH CIVIL RIGHTS ACT. Write to the corporate offices with these questions (also good to ask in person at the store), “What are the medical grounds for your requesting your customers to wear a mask?”, “Are you aware there is no state regulation requiring that customers wear masks?”, “Would you provide me with the peer-reviewed research published in a reputable medical journal that conclusively demonstrates that healthy people wearing masks prevents the spread of disease?”, “Are you aware that a licensed medical doctor is the only person qualified to give me medical advice, and wearing a mask is considered a health intervention because it affects the function of the respiratory system. -When you DECREASE the flow of oxygen, your body produces cortisol, which harms your immune function. It’s best to speak calmly, and in a manner of requesting information. lowers the number of lymphocytes)." (a) It is unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following: (1) An expiration date. Be polite but firm and require specific answers and a timeframe that they must respond. 28 C.F.R. Here are LAWS that protect your right to enter your place of business without a mask: Reference 6: ADA Information and links: 42 U.S. Code § 12181.Public entities, including grocery stores, cannot discriminate based on disability, Definition of a disability from the ADA website. 2. LINK HERE, (2) CAL-OSHA Regulations: ”Cloth face coverings do not protect against COVD -19” LINK HERE, (3) California Department of Health: "Face coverings may increase risk if users reduce their use of strong defenses." 37. Code, §§ 51, 52(a)) - Free Legal Information - Laws, Blogs, Legal Services and More The defendant or the afflicted third party engages in conduct that poses a substantial risk of transmission to that person. By putting on masks, we take away information that makes it especially difficult for children to recognize others and read emotional signals, which is unsettling and disconcerting." This law applies to all businesses in California, including hotels and motels, restaurants, theaters, hospitals, barber and beauty shops, housing accommodations, and retail establishments. Justia - California Civil Jury Instructions (CACI) (2020) VF-3030. There is likely a civil law code in your state protecting you from discrimination as well. California Department of Public Health P.O. There is limited evidence for their effectiveness in preventing influenza virus transmission either when worn by the infected person for source control or when worn by uninfected persons to reduce exposure. CA Civ Code § 51 (2017) (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. You might be saying, "Just wear a mask and get along.". 2005 California Civil Code Sections 43-53 PART 2. 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