'State and local governments have really quite broad authority' to mandate the use of face masks during a pandemic, says the head of American University's Health Law and Policy Program, Lindsay Wiley.
from both residents and local officials, who argued that the governor doesn't have the legal authority to make masks a requirement.
Business owners do have quite a lot of authority to require patrons and customers and employees as well to adopt face coverings as a protective measure. Where conflicts come in is in situations where the patron, for example, perceives the mask order to be coming from the business itself rather than from government.
Absolutely. Seat belt laws, motorcycle helmet laws, rules about who can sell cigarettes and where people can smoke them. Even the so-called Big Gulp ban in New York City — these public health rules are often seen as paternalistic. Mask mandates are being framed that way as well.
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