With the assistance of The Healthy American, I put together a notice to businesses to educate them on their rights and the rights of their employees and customers. No one can be denied entry for not wearing a mask. It is a public accommodation and everyone has a right to enter freely without covering their face. They do not need to provide an explanation. The governor’s mandates are not laws. A governor is not authorized to write laws, that is reserved for the legislative bodies in all states. This includes when we are under a state of emergency. The constitution is not suspended during a state of emergency, although they have somehow convinced the majority of people that is the case. Mandates are not enforceable, NONE of them. This includes masks, temperature checks, distancing, reduced capacity, outdoor dining, business closures, curfews and contact tracing. Stand up to the tyranny. Open your business fully. Face the licensing commission and inform them of your legal rights to operate your business without unlawful restrictions.
NOTICE TO BUSINESSES
ATTN: Owner or Manager
RE: Mask and Distancing in this jurisdiction
- You are under no lawful authority to require your employees or your patrons to wear a mask.
- There is no statutory law that requires you, your employees or your patrons to wear a mask.
- These are GUIDELINES of the State Dept of Health and local health boards. Any other ORDER is unlawful and must be challenged.
- Preventing entry to your establishment of someone not wearing a mask violates these laws:
- NC Constitution (Article 1, section 1, 5, 6, 19)
- US Constitution (1st and 4th Amendments)
- Federal Civil Rights Law (Title 11, Section 2000)
- If you refuse entry to your establishment, which is open to the public, you are also restricting the free movement of an individual and engaging in false imprisonment. https://falseimprisonment.uslegal.com/civil-actions-for-false-imprisonment/
- You are in violation of several laws if you prohibit the entry of someone if they are not wearing a mask.
- Furthermore, it is unlawful to enforce 6 feet separation, as it restricts the movement of individuals and may be construed as false imprisonment.
- Declaring this as your “store policy” does not absolve you from your violation of the law. You may not set policy that violates discrimination laws.
- There is no regulation “on the books” that requires you to operate your business outside, with plexiglass dividers, or with restricting the number of patrons.
- REGULATIONS are the laws that are created through an administrative law-making procedure by departments and agencies to fulfill and carry out STATUTORY law. When a regulation is passed, it is given a code number and written into the NC Administrative Code (NCAC).
- NO REGULATIONS are “on the books” that require masks, distancing, and other protocols.
Please share this with businesses in your area. I also prepared documents for schools and police departments. I am going to do the same for licensing commissions so they can be educated about the law as it applies to business licenses. These documents can easily be adapted to other states.
LINKS TO FORMS TO PROVIDE TO POLICE, BUSINESSES AND SCHOOLS: