The mandate, set to start July 25th, is a “small sacrifice for a potential big gain”, making Minnesota the 29th state to do so
Gov Tim Walz today, July 22, 2020, issues a statewide mask mandate. Emergency Executive Order 20-81 lays out the specific parameters for mask wearing.
· Indoor businesses/public indoor space
· When riding public transportation (including taxis, ride-sharing vehicles, or a vehicle used for business purposes
· Any other business that has required a face mask that would otherwise not be covered in this EO
· When participating in organized sports/indoor business/indoor public space while the level of exertion makes it difficult to wear a face covering
· When exercising (fitness center, bowling, etc. (provided social distancing is always achieved))
· When testifying/speaking/performing in an indoor business or public indoor space, such as theaters, news conferences, legal proceeding, etc.
· When eating or drinking
· When asked to remove a face covering to verify an identity for lawful purposes
· While receiving a service (such as dental, medical, or personal care service)
· During indoor/outdoor private social gatherings
· When riding in a private vehicle with a person or persons who do not reside in the same household
· Inside your home (if you are infected with COVID-19)
· Participating as an athlete in indoor/outdoor organized sporting events
“Any business owner, manager, or supervisor who fails to comply with this EO is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000, or by imprisonment for not more than 90 days”.
There are more, but this is the crux of his EO. I wanted to give a pretty brief review for those looking for a quick overview. You can read the EO here.
The general consensus is yes, it is legal. Almost all research I have done on the topic has pointed to the Supreme Court case from 1905: Jacobson v. Massachusetts. That ruling, which mandated all Massachusetts citizens to get the smallpox vaccine, was deemed constitutional: “the Supreme Court said you can have mandatory vaccinations, and the government can do what is needed to protect the public health and the public welfare” said Richard Briggs, a Republican state senator from Tennessee.
GOP lawmakers in Minnesota, however, were less than thrilled; Jennifer Carnahan, Chairwoman of the Minnesota GOP, had this to say in a tweet to Governor Walz: “I’m an American Citizen. I live in a free country. You can not mandate that I wear a mask. You can strongly suggest it, but you can NOT mandate it. This is not North Korea, and you are not Kim Jong-un…or are you?”.
Senate Majority Leader Paul Gazelka (R-East Gull Lake), says this move is a mistake: “Once again, I find myself asking why one-size-fits-all is the only option for a mask mandate”. Many state Republicans view this move as a continuing abuse of power from Walz.
Alexx