Is it a law or a ruling or what ? Im getting confused on how laws can now be made out of thin air . Its amazing how if someone isnt wearing a mask , a mask that does nothing , they can be manhadled and put in jail , incredible and scary times.
A state or local government has a great deal of latitude in making laws to protect public health and safety. In a time when a communicable disease is considered a potentially lethal threat to public health these types of rules can be passed and enforced with reasonable penalties so long as they do not discriminate among groups or activities, particularly those activities that people have a fundamental right to engage in. If they do, the reason why one group or activity is treated differently must be well defined and the least restrictive means for making the distinction have to be imposed.
The lady without the mask at the football game was not following a rule that a court would uphold and which under the circumstances a court would consider rational. Coming into the game without one made her a trespasser subject to removal. Refusing to leave when told to was probably disorderly conduct in Ohio and subjected her to reasonable force to remove her.
What happened was not fair but it was "just" under the law. I didn't like the scene either but the problem is confusing "justice" with "fairness," because justice is not always "fair."
Where I have a problem with these rules is when some gatherings are allowed but others are not, such as a public protest as opposed to going to church, both are First Amendment rights and both could be done with a relative degree of safety yet in some places one is treated with draconian enforcement and the other is not policed at all it seems.
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