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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. When the manager informed her that she needed to leave, she refused, claiming it to be a public space. You might be saying, "Just wear a mask and get along.". In the Bay Area, San Francisco, Contra Costa, Alameda, San Mateo, Sonoma, and Marin counties have enacted mask requirements as of this posting. We are updating as possible. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational and educational purposes only. (1) New England Journal of Medicine: "We know that wearing a mask outside health care facilities offers little, if any, protection from infection." We are facing an international health crisis and the world has become a scary and, at least in the U.S, divided place. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. In the clip, the woman can be heard saying: "You're discriminating against me, I need to breathe air." "After watching the video, we thought it would be a great opportunity to educate the public about the law on this matter and how we should treat people," he added. penalty of one thousand dollars ($1,000). ", "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.". Any imposed restriction infringes on ones liberty. 2022 California Code Civil Code - CIV DIVISION 1 - PERSONS PART 2 - PERSONAL RIGHTS Section 51. Sex also includes, but is not limited to, a person's gender. 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]. They cant discriminate on race, gender, or sexual orientation. --- If I have to stand behind a plexiglass divider at the checkout counter, how could I possibly infect the cashier? Reference 3: A randomized-study with cloth masks show they INCREASE risk of infection. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. "We advocate the principle that 'knowledge is power' and hope that we can empower each other, and be a little entertaining at the same time. California Law 12131-12165. 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LAW PROHIBITS ANY BUSINESS ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE 2. (C) Genetic information does not include information about the sex or age of any , updated He's not the owner of the store. (d) Except as provided in subdivision (f), the remedies for a violation of this section 1 Of course there are limits, but these are basic public health precautions.". Original Source: 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. Here are MEDICAL REFERENCES that show cloth or paper masks dont work to prevent infection, and actually put your health at risk: Reference 1: Mask guidance from the WHO World Health Organization. the business with the notice created by the Department of Consumer Affairs under, (h) The Legislature finds and declares that this section addresses a matter of statewide James Gordon For Dailymail.com Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. "So, I turned to my social media handle Law By Mike that has amassed over 7 million followers across Instagram, YouTube, and TikTok. within the listed categories or that the person is associated with a person who has, (6) For the purposes of this subdivision, " standard service " means the 15 most . Hes also a journalist, copywriter, and host of Discovery with Kahron Spearman on KAZI 88.7. Persons. (6) For the purposes of this subdivision, standard service means the 15 most frequently requested services provided by the business. THE COMMENTARY ON THE PHASER.COM REFLECTS THE OPINIONS OF THE PHASER.COM AND OTHER CONTRIBUTING AUTHORS. repair, structural or otherwise, or modification of any sort whatsoever, beyond that Posted price lists shall be in no less than 14-point boldface type and clearly and On December 1, Mandell uploaded a situation his director Alec witnessed in a Los Angeles grocery store, as a woman "freaked out" over staff refusing her entry. The Unruh Civil Rights Act, also known as the California Civil Code Section 51 provides protection against discrimination because of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, by businesses in California. for non-profit, educational, and government users. "The woman in the video was irate that she had to wear her mask at a local California supermarket (what's truly confusing is that she had a bandanna around her neck). "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?" Send this to COSTCO 1-425-313-8100 and ALL local businesses 1. California Civil Code Sec. (4) Religion includes all aspects of religious belief, observance, and practice. A study on health effects of wearing masks. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Get the f**k out of my face and I'll leave," she added, before saying that she actually won't leave. are the remedies provided in subdivision (a) of Section 52. 1. Property Division 3. 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 woman with him takes out her phone, takes the employees name, and says some nonsense about her and the establishment having to accept responsibility for their discrimination. (c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, 6 Ralph Civil Rights Act of 1976, Cal. A couple who walked into a California frozen yoghurt shop are now threatening to sue the store after they were refused service because they did not want to put on a face mask. 35 and 49 C.F.R. To schedule an appointment, contact the Communication Center at (800) 884-1684 (voice or via relay operator 711) or (800) 700-2320 (TTY) or by email at contact.center@dfeh.ca.gov. The Unruh Civil Rights Act (California Civil Code Section 51) He didn't write the store policies or the local laws here in California. In addition, 51. However, an action under this section is independent of any other remedy or procedure CIV Code 51.5 - 51.5. Cite this article: FindLaw.com - California Code, Civil Code - CIV 51.6 - last updated January 01, 2019 The claim: The Civil Rights Act of 1964 allows religious exemptions to mask mandates After several failed efforts to use the ADA, HIPAA and the Fourth and Fifth Amendments to fight mask. 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 SettingsPersonal 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). Log In. (3) The business establishment shall provide the customer with a complete written by other provisions of federal, state, or local law, including Section 1632. Copyright 2022 The Healthy American | All Rights Reserved. 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