DeWine’s Mask Orders are Unconstitutional

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The 1851 Center for Constitutional Law is a nonprofit, nonpartisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, regulation, taxation, and searches and seizures.
STATEMENT ON DEWINE MASK ORDERS
July 10, 2020
Yes, the Governor’s Selective Mask Mandate is Unconstitutional (in several ways). Here’s what you need to know:
  1. The Director of the Ohio Department of Health cannot criminalize otherwise-lawful conduct, especially irrespective of intent. Nor may it do so in a non-uniform manner. After our victory in State v. Brearley, no person has been successfully prosecuted for violating a health director’s order in 134 years.
  2. Practically nobody is forced to wear a mask: there are 13 exceptions, which, cumulatively, are broad enough to exempt anyone at anytime and anyplace.  Bottom line: if you don’t want to wear a mask, you don’t have to. And if you’re wearing a mask, it’s because you’re choosing to do so.
  3. The Order contains no enforcement mechanisms: it designates no state or local agency to enforce the order. And this failure to designate local enforcement agencies intentional: the Governor wants all lawsuit be filed against ODH alone and thus venued in Franklin County, where he is certain to win.
  4. Because everyone is exempt and there is no enforcement mechanism, lawsuits against this mandate will fail if you do not have a written warning, threat, or citation from a local governmental authority.
  5. Lawsuits against this mandate will also fail if you attempt them in counties with unfit judicial systems, such as Cuyahoga, Lorain, Franklin, Montgomery, or Hamilton.
  6. To challenge the mandate, email us at Info@OhioConstitution.org ONLY if you are in a regulated county not listed above and are able to attach a written warning, threat, or citation.
  7. In the interim, you’re entitled to disobey these orders, and we will defend those who are prosecuted.
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The 1851 Center for Constitutional Law is a nonprofit, nonpartisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, regulation, taxation, and searches and seizures.


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11 replies

  1. You can’t legislate common sense.

  2. What about in a store where they refuse to allow you to enter without a mask? Do we have any rights?

    • It is our understanding that the private business can dictate how they do business. We, as consumers, can chose not to go into their stores.

      • When they are the only store(s) around, it’s kind of hard to do that.

      • Businesses are required (by law) to have handicap parking. People like me with health problems that make wearing a mask bad. Why then can’t they be forced to accommodate me. All of the stores in my area are now excluding people like me from their stores. Why don’t they tell the people if they’re that afraid to catch a virus, maybe they’re the ones that should stay home. How is it they can violate my civil rights but not theirs? What about the Americans With Disabilities Act? There are quite a few legitimate studies proving long term mask use is unhealthy at best! When in the hell are people going to realize this “Plandemic” is a complete globalist farce!!

  3. how many times have you seen people not wash their hands after going to the bathroom.that’s even gross. besides that i am old enough 70, to stay home if i am sick and know what 6 feet is the ones with mask get closer because they feel safe

  4. Will we be able to exempt our children at school?

  5. Can I sue? I am forced by employment of a big box store to wear a mask non stop 40 hours. It has gotten so strict we cannot even pull it down for even 10 seconds to catch a breath. Caught 3 times even for a second and were getting wrote up and then fired. We are not given extra “breathing breaks.” They cause headaches, mental fog and a general feeling of unwell after so many hours. We are also not allowed to wear hepa filter fan or exhalation valve type masks either. It has to be the most unbreathable unhealthy mask ONLY-even though cloth cotton filters less than hepa filter! I am lost and feel enslaved. Im angry. It is making me unhealthy. What can I do?

    • Sorry we are not lawyers, therefore cannot give legal advice. However, in our opinion, It is going to take the mass demonstrations to fight this tyranny. Wonder what your employer would do if EVERY employee just walked off the job?

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