Welcome to all our unusually motivated readers.
In this week’s installment of the Miletti Law blog—we go into the recent bill introduced in the NY State Assembly, requiring face coverings as part of the legislative code, rather than a flimsy Executive Order.
Note that we have already discussed that pursuant to Department of Heath Regulations, 10 NYCRR 66.3, this was already written into the Rules & Regulations of New York, but this time around, they are looking to put it in the general law and statute of the state. This would mean that unlike the flimsy Executive Order and DOH regulations, this provision must follow certain constitutional guidelines and will have certain constitutional restrictions.
What likely happened here was that the legislators, growing concerned that the Emperor’s power is slowing being stripped away by endless lawsuits and litigation, as well as the scandals involving Mr. Slippy Fingers sexual harassment charges, and his directives which killed in excess of 14,000 elderly people (i.e. The GRANNY KILLER), have decided to attempt to codify this unconstitutional practice so not to disrupt their hegemonic power.
But now that we are going to the Legislature, the reality is someone has to pay attention to the Constitution, the separation of powers, and the branches of government.
Just like we have been saying here at Miletti Law since day one— MANDATING THAT FREE CITIZENS ARE REQUIRED TO ABITRARILY RESTRICT THEIR MOVEMENT AND BREATHING, AND PUNISH THEM IN THE ALTERNATIVE, IS UNCONSTIUTIONAL.
Hence, if you look at the proposed Assembly Bill A3639, it is going to be (1) voluntarily, (2) without punishment, and (3) subject to anti-discrimination laws.
Lets get down to it, because time is of the essence here.
BREAKING IT DOWN.
Assembly bill A3639 was introduced on 1/28/21 and referred to the Economic Development Committee.
This bill seeks to modify Sec. 390-d of the General Business Law and authorizes certain entities (private and public) to (a) require the wearing of face coverings and masks, and (b) to ask a person to leave the premises who refuses to wear a face covering or mask.
There is an exemption for (a) children under the age of 2, and (b) for those who cannot medically tolerate wearing a face covering or mask.
It requires signage to be placed in the front of the premises to notify the person entering the premises of the requirement to wear a face covering or mask.
This section permits any private business to require any employee, vendor or invitee, to cover their mouth and nose with a mask or face covering during the COVID State of Emergency which was issued on 3/7/2020. It exempts children under the age of 2 and those who cannot medically tolerate it.
Simply permits the private business to turn the person away unless they meet the exception.
Reminds the reader that you may not disregard Article 4 of the Civil Rights Law. This has to do with discrimination and you may still be subject to claims involving the Americans with Disabilities Act (i.e. I have asthma, can’t cover face) or Religion (i.e. due to religions reasons, masks cannot comport with religious principles).
Required signage for businesses.
This act is only in effect so long as Executive Order No. 202 remains in effect. This expires once the State of Emergency is repealed.
BIG TAKE AWAYS:
· IT IS NOT A MANDATE, so for you businesses that think you MUST require this, and this is going to be the law, it is NOT!! Businesses “may require” – not MUST require.
· This only lasts as long as the State of Emergency is in effect.
· Still need to watch our for claims under ADA to Title VII if you are a business restricting access too people, businesses are still best to take the peoples work for it if they say they have a “disability” or other reason why they may not comply.
So in short—while it seems like something aggressive, the reality is (1) this is no longer mandatory, and gives shop owners the option to require masks should they so desire, (2) there are no fines or penalties associated with this, (3) by having it as part of the statute, they MUST recognize other laws, such as Civil Rights, Religion Accommodations, Disabilities, etc., and (4) when the State of Emergency expires and dies, so does this.
While this is just yet another stupid law on the books that does nothing but make attorneys rich, the bigger take away is for all you business owners that just live in a constant state of fear—THIS IS NOT MANDATORY, THERE ARE NO FINES, AND IT EXPIRES WHEN THE STATE OF EMERGENCY EXPIRES!!
Yours in love and lifts,