Information on masking for customers and businesses, courtesy of Peggy Hall

I recently paid $29 for a webinar given by Peggy Hall of The Healthy American. Towards the end of the 2-1/2 hour presentation, Ms. Hall advised that she is a business woman making her living, so that while I might technically easily disseminate her video, doing so would not be a morally acceptable choice.

So, I decided that my best course of action was to re-watch the video and take notes, and then pass the notes along to you. I set aside today, Sunday, for this purpose, and then found that Ms. Hall has provided many notes to go along with the video. I think I am OK to use them ‘as is’, but will take them all down if I get an objection from that source.

I do recommend that you buy and watch the video. She is a good speaker with a fluid brain. If you doubt me, watch her below in action with the Orange County, California Commissioners.

The following day Orange County removed its mask requirement.

What follows here is taken from her webinar notes, saving me the trouble. I note in the following that she has forced California Governor Gavin Newsom to publicly admit that “I can’t mandate anything!”

I live in Colorado and assume most of our readers live in other states. I have reviewed Colorado statutes regarding a public emergency, and note that the statute was revised in 2018, and that I cannot review the prior law without subscribing to a law service such as Westlaw Classic. I can only presume that the 2018 law removing sections of the Colorado code regarding emergencies strengthened our governor’s position.

As it stands here, he can declare an emergency, and keep it so until the legislature steps in and voids it. Given the power on display in this world-wide fake pandemic, I am not going to go looking to our legislature for any heroes. Peggy Hall right now has to suffice.

What follows should be treated as reference material, read like an encyclopedia but accessed when you are truly in need of the information.

For myself, I have ordered a button that says “I am exempt”, and it works! In truth, we are all exempt, as masks reduce oxygen available to us by 20% or more, and anyway, the governor of our state and probably yours has authority over state agencies, but not individual citizens. He can force via county health departments for stores to enforce mask requirements. What we need now are lawsuits so that we can ask an administrative judge “Your honor, if I obey the governor’s mask mandate, which of the following laws will you allow me to break?” Then, list them.

Ms. Hall has promised to work for her clients outside of California in law research, but our readers here are capable as well. Just as I can look up the Colorado definition of an “emergency” (not defined) and “epidemic” (ditto), so can you for your state.

Anything inside [ … ] is my words.

First, before the list of laws violated by masking …

… Here is a list of 17 KEY POINTS FOR BUSINESS OWNERS AND CUSTOMERS. I hope I am not violating ethics in reprinting this from her website. If so, I’ll take it down. Note, these matters are directed at business owners, and refer to California law. 

1. There is no emergency by the legal definition of the word, so all these orders are null and void.  [CA]
2. The violation that are often cited can only apply to the governor’s authority, not to the business or customer.
3. There is no lawful ordinance regarding masks, distancing, limiting number of patrons, operating outside, etc. These are GUIDELINES, not laws and therefore not enforceable by law.
4. Even if these state [and] county orders and city ordinances were lawful, there are exemptions, and you cannot force anyone to restrict their breathing.
5. It is unlawful for any government to deprive you of your ability to work or run a business or earn a living. Thus, you never have to shut down your business or change its operations.
6. You do not have to adhere to any nonsense of masks, distancing, operate outdoors, limit capacity, etc.
7. If you did enforce this nonsense, then you WOULD be at risk of violating over 20 federal and state laws (see attached*).
8. If you did require your employees to wear masks, you’d be violating the OSHA general rule. (see attached OSHA info**)
9. You are not a licensed doctor and cannot give medical advice, such as covering your nose and mouth with a medical device.
10. You are not law enforcement and have no authority to enforce laws.
11. Any business policy (i.e., to require masks) cannot supersede federal and state civil rights laws, which allows patrons to enter your business without a mask.
12. The snitches can be dealt with by reporting them (and the county or city that encourages the snitching) to the county Sheriff, the FBI and Homeland Security or harassment and intimidation. PUT A SIGN ON YOUR DOOR SAYING THAT “ANYONE CAUGHT HARASSING THE BUSINESS WILL BE REPORTED TO LOCAL LAW ENFORCEMENT, THE FBI AND HOMELAND SECURITY.”
13. Put a sign on the door or visible in the entry that states, “THIS ESTABLISHMENT IS A PLACE OF PUBLIC ACCOMMODATION AND AS SUCH IS BOUND BY FEDERAL AND STATE LAWS TO OFFER EQUAL ACCESS AND ENJOYMENT TO ALL FACILITIES, SERVICES AND PRIVILEGES TO ALL PATRONS REGARDLESS OF MEDICAL CONDITION, RELIGIOUS BELIEFS AND OTHER PROTECTED CHARACTERISTICS.”[You can point to the sign when any code enforcers come snooping around.]
14. Check your insurance to see if you are liable for people contracting a virus in your facility. If you are not –then good news! “No liability, no responsibility!”
15. Have three or four boxes or containers of different masks with labels that say, “This masks does not protect against infectious disease,” and if code enforcement comes around (or if you go to court) you can ask them which box of the ineffective masks you’re supposed to enforce.
16. You can write a “presumptive letter” to the county counsel, board of supervisors, health officer, mayor and city council.
17. You can educate law enforcement by sharing the info regarding laws they WOULD be asking you to violate by enforcing the unlawful.

[Please note on #16 that I do not know what a “presumptive letter” is, and cannot get into the video to find her words on it. Also note on #14 that it would be the ultimate comedy to have a court case claiming that someone infected someone else with a virus. It would open up all kinds of avenues, not limited to the moment of infection, but also proof that viruses even exist or cause infection. If you are a business owner and worried about being sued over Coronavirus, you can stop worrying this instant.]

[Here is her list of 20 Federal and State laws and regulations that masking violates, according to Ms. Hall.]

U.S. FEDERAL LAWS

1. U.S. Constitution, 1stAmendment, Right to Assemble, Right to Freedom of Speech, Right to Religious Expression. Requiring someone to wear a mask as a condition to assemble in your place of public accommodation is an infringement of the right protected under the U.S. Constitution, the highest law of the land. No law is valid or lawful that violates the Constitution. No health order, emergency order, state of emergency, municipal ordinance, or store policy may suspend or violate the Constitution, period.
2. U.S. Constitution, 4thAmendment, Right to Privacy. Forcing a person to wear a mask without their consent is a violation of the 4thAmendment. Further, gathering vital statistics such as taking one’s temperature is a violation person’s right to privacy. Violation of this protection will result in your actions being report to the U.S. Department of Justice, which is required by law to investigate Civil Rights Violations. No law is valid or lawful that violates the Constitution. No health order, emergency order, state of emergency, municipal ordinance, or store policy may suspend or violate the Constitution, period.
3. U.S. Title 42, Civil Rights Act of 1964: Unlawful to Discriminate in place of Public Accommodations (https://bit.ly/31WiR5Z) Your business establishment is legally defined as a place of “public accommodation” and as such you may not prohibit entry by discriminating against someone for their medical condition, disability or religious views. If someone is unable or unwilling to wear a mask for one of those reasons you may not prohibit their entry, nor may you file a charge of trespassing because of their legally protected status. Just as you would not be able to deny entry to someone based on their skin color, you may not deny entry to someone based on their bare face. Having someone else shop for them, or requiring curbside delivery is NOT a reasonable accommodation, as it denies the “full enjoyment and equal access to facilities, services and accommodations,” as REQUIRED BY LAW.
4. U.S. Title 42, Section 12101: Unlawful to Deny Entry to Persons with Disability or perceived medical condition.  (ADA)Your business establishment is legally defined as a place of “public accommodation” and as such you may not prohibit entry by discriminating against someone for their medical condition or disability. If someone is unable or unwilling to wear a mask for one of those reasons you may not prohibit their entry, nor may you file a charge of trespassing because of their legally protected status. Just as you would not be able to deny entry to someone in a wheelchair, you may not deny entry to someone not wearing a mask.Having someone else shop for them, or requiring curbside delivery is NOT a reasonable accommodation, as it denies the “full enjoyment and equal access to facilities, services and accommodations,” as REQUIRED BY LAW.
5. U.S. Americans with Disabilities Act(ADA Title III)Unlawful to Deny Entry to Persons with Disability or perceived medical condition in Public Accommodations https://www.ada.gov/cguide.htm#anchor62335. Your business establishment is legally defined as a place of “public accommodation” and as such you may not prohibit entry by discriminating against someone for their medical condition or disability. If someone is unable or unwilling to wear a mask for one of those reasons you may not prohibit their entry, nor may you file a charge of trespassing because of their legally protected status. Just as you would not be able to deny entry to someone in a wheelchair, you may not deny entry to someone not wearing a mask. Having someone else shop for them, or requiring curbside delivery is NOT a reasonable accommodation, as it denies the “full enjoyment and equal access to facilities, services and accommodations,” as REQUIRED BY LAW.

CALIFORNIA STATE LAWS

1. California Constitution, Article 1, Section 1All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety, happiness and privacy. Therefore, attempting to deny a customer from acquiring property by shopping at your business or to deny their access to services that they have the right to enjoy is unlawful and a violation of Constitutional liberties.
2. California Constitution, Article 1, Section 2 – Every person may freely speak. A law may not restrain or abridge livery of speech. (Muzzling one’s face with a muzzle does not allow for one to freely speak, and it abridges freedom of speech.) Therefore, denying entry due to a person not wearing a mask is a violation of the California Constitution.
3. California Constitution, Article 1, Section 4 – Free exercise and enjoyment of religious expression without discrimination. If covering one’s face intrudes on the religious expression of an individual, that right to religious expression may not be denied.
4. California Business and Professions Code 2052: Practicing medicine without a license. Requiring someone to wear a mask is a medical intervention. Unless you are a licensed medical professional, you have no authority to recommend such a practice. Further, a surgical mask is designated by the FDA as a “medical device”. You have no legal authority responsibility or liability to require that of either your customers or your employees. No “emergency order” supersedes established law. Any “health order” related to mask-wearing is unlawful and unenforceable by law.
5. California Penal Code 538(d) PC: Impersonating a peace officer. You are not a law enforcement officer and have no authority to enforce any law or order. Impersonating a law enforcement officer is a crime in this state under California Penal Code 538(d)PC.This violation carries the penalty of one year in jail and a $2,000 fine. You will be reported to authorities for this violation.
6. California Civil Code 51: Free and Equal Access to Public Accommodations. Your business establishment is legally defined as a place of “public accommodation” and as such you may not prohibit entry by discriminating against someone for their medical condition, disability or religious views. If someone is unable or unwilling to wear a mask for one of those reasons you may not prohibit their entry, nor may you file a charge of trespassing because of their legally protected status.Just as you would not be able to deny entry to someone wearing a turban, you may not deny entry to someone not wearing a mask.Having someone else shop for them, or requiring curbside delivery is NOT a reasonable accommodation, as it denies the “full enjoyment and equal access to facilities, services and accommodations,” as REQUIRED BY LAW.A claim may be pursued through Department of Fair and Employment and Housing (DFEH) or a private lawsuit. If a business engages in a pattern or practice of discrimination, you can refer the matter to the Attorney General or to your local district or city attorney may bring an action to enjoin any violation of Civil Vide section54.1
7. California Civil Code 52.1: Tom Bane Act protects personal rights and carries $25,000 fine for each violation. If any person interferes with threat, intimidation or coercion with the exercise of enjoyment of an individual’s rights secured by the Constitution of the United States or the Constitution of California, the Attorney General or any district attorney or city attorney may bring a civil action or injunction in order to protect the peaceable exercise or enjoyment of the rights secured.A civil penalty of $25,000 may be assessed against EACH PERSON VIOLATING THESE RIGHTS. Further, an individual may also institute and prosecute a civil case for damages.
8. California Civil Code 54: Individuals with disabilities have the same rights as others. Individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities,including hospitals, clinics, and physicians’ offices, public facilities, and other public places.Just as you would not be able to deny entry to someone in a wheelchair, you may not deny entry to someone not wearing a mask. Having someone else shop for them, or requiring curbside delivery is NOT a reasonable accommodation, as it denies the “full enjoyment and equal access to facilities, services and accommodations,” as REQUIRED BY LAW. A claim may be pursued through DFEH, or a private lawsuit. The ADA also handles these complaints, and info may be gotten by calling (800) 514-0301.
9. California Civil Code 54.1: Disabled have full and equal access. Individuals with disabilities or medical conditions have the same right as the general public in attaining full and equal access to all public accommodations and their advantages, facilities and privileges to places of public accommodation, amusement or resort; and to other places to which he general public is invited, including public modes of transportation private schools, hotels,hospitals and public buildings, such as courthouses, government buildings. Aggrieved persons may recover up to three times the actual damages or a minimum of $1,000, injunctive relief and reasonable attorney’s fees. A claim may be pursued through DFEH, or a private lawsuit. The Attorney General, the Department of Rehabilitation, or the district city attorney may bring an action to enjoin any violation of Civil Vide section 54.1.
10. California Business and Professions Code 125.6: Prohibits a licensed business to deny service based on disability or religion. Any person who holds a license pursuant to the business and professions code is subject to disciplinary action of that person discriminates in, restricts the performance of, or refuses to perform the licensed activity because of a consumer’s race, color, sex, religion, ancestry, disability, marital status or national origin.
11. California Business and Professions Code 23438: Prohibits discrimination by a private clubs and organizations. Private clubs and organizations holding liquor license may not discriminate against protected classes. A claim may be filed with the California Department of Consumer Affairs, 401 R Street, Sacramento, CA 96814. (800) 952-5210.www.dca.ca.gov.
12. California Penal Code 236 PC, False Imprisonment. Attempting to prevent someone’s entry to this establishment or to restrict, detain or confine their movement without their consent constitutes FALSE IMPRISONMENT, which can be a felony, with the penalty of three years in jail. If you deny someone’s entry to your place of public accommodation based on medical condition or religious beliefs, you are at risk for charged with false imprisonment.
13. Penal Code 415 PC: Disturbing the Peace. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: (1)Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2)Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3)Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
14. California Penal Code 240 PC: Assault. If you aggressively seek to harass or intimidate someone with the threat of violence, you could be in violation of CA PC 240, assault. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, even if no one is physically hurt by your behavior.
15. California Penal Code 185 PC: Unlawful to wear a mask in the commission of a public offense. It is unlawful to conceal your identity in the commission of any public offense (such as those listed in this document.)California Penal Code 538(d) PC: Impersonating a peace officer. You are not a law enforcement officer and have no authority to enforce any law or order. Impersonating a law enforcement officer is a crime in this state under California

OTE: NO STORE POLICY MAY VIOLATE ESTABLISHED LAW. Just as your place of business may not institute “Fist-fight Fridays” or encourage customers to engage in pick-pocketing or require someone to snort a line of cocaine as a condition of entry, your “store policy” may not violate the established laws set forth in this notice. No claim of an “emergency” or “executive orders” or “health orders” or “city ordinances” excuses you from violating the laws set forth in this notice.Further, as a place of public accommodation (even as a private business) you have extended an irrevocable license (privilege) to the public to enter your establishment and you may not deny entry based on race, religion, disability or other protected characteristics.

**OSHA REGULATIONS,HEALTH ORDERS AND YOUR BUSINESS

OSHA can only issue a citation for a violation that is “on the books”. That means a rule or regulation that has been passed through a lawmaking procedure.

FACT1: There is no OSHA regulation “on the books” regarding masks, distancing or operating a business outdoors, or suspending the operation of a business. That means you as a business owner, employee or patron do not have to wear a mask or distance. Business owners do not have to abide by guidelines that are not enforceable by law.

FACT 2: Guidelines are not laws. Playbooks are not laws. Blueprints are not laws. The only thing that is a law is a law, that is codified (it has a number associated with it and it is compiled into the state statutes and codes) and that was passed lawfully in a law-making procedure.

FACT 3: Health orders are not statutory law. They are intended for emergencies only. There is no emergency by the legal definition of an event that is “imminent” “proximate” “sudden” “unexpected” and has the “potential for great harm.” Nothing in the current health situation falls under that definition.

FACT 4: Health orders may only be issued during an emergency. Health orders are very limited in their scope and duration. There is no emergency and therefore these emergency orders are invalid and unlawful and will not stand up in a court of law.

FACT 5: Because there is no OSHA rule or regulation requiring the wearing of masks or practicing physical distancing for your employees, you cannot require your employees to wear masks, nor can you be cited for not doing so.

FACT 6: You cannot be cited by OSHA for not requiring masks or distancing because: (a)There are no OSHA regulations you are violating (b)You are not a medical doctor and therefore cannot dispense medical advice such as wearing a mask (c)You are not law enforcement and have no legal authority to enforce law or guidelines

FACT 7:There is no OSHA rule or regulation requiring you to serve your patrons outside and not inside. Therefore, you are not violating any regulation and you cannot be cited for fined for doing so.

FACT 8: OSHA regulations only apply to your workplace and employees, not your patrons.

FACT 9: If you were to require masks of your employees or patrons at the risk of denying them employment or entry to your business establishment, you would be violating several established laws: (a)Local, State and Federal anti-discrimination laws that require “free and equal access” to any business establishment of any kind (including private clubs) (b)Impersonating a law enforcement officer (c)Practicing medicine without a license (d)False imprisonment (by blocking access to a place of public accommodation) (e)Irrevocable license to enter your place of business during open hours (f)Providing false information or misleading information relating to biological hazards and to conduct hoaxes(Federal Law 18 USC §1038) This law is enforced by the FBI and Department of Homeland Security (g) Kidnapping (by moving patrons from one place to another under duress and without their consent) which is a felony and carries a prison sentence.

FACT10:Committing any of the above crimes while wearing a mask, which conceals your identity elevates the severity of the crime and its punishment from misdemeanor to felony and may increase prison time and fines.

FACT 11:MASK-WEARING VIOLATES THE OSHA “GENERAL RULE”The OSHA General Rule states that an employer must maintain a workplace that is free of known safety hazards. Mask wearing by employees violates the OSHA General Rule for these reasons: (A)Wearing a mask reduces the oxygen in the immediate atmosphere(around the nose and mouth of the person wearing the mask) below 19.5%, putting the person at IDLH –immediate danger to life and health — with irreversible adverse effects. (B)Wearing a mask violates CAL OSHA title 8 section 5144, as described above in point. (C)Wearing a mask interferes with communication. This is why the CA State Department of Health states that those with hearing loss are exempt from wearing a mask, and those who communicate with the hard of hearing should also remove the mask. (i)Miscommunication could be deadly between employees. An employee wearing a mask might not be clearly understood by another employee. For example, the mask-wearing employee might be shouting an alert or warning, but the other employee may not hear it because of the muffled voice. If there is a safety hazard and an employee could not be warned, the result could be fatal.(ii)Miscommunication could be deadly between an employee and a patron. An employee wearing a mask might not be clearly understood by a patron. For example, the mask-wearing employee might be explaining the spices in a certain dish and the patron could be allergic but not hear the ingredients clearly because of the muffled voice. If there is a communication barrier between the masked server and the patron, the result could be fatal. (D)Wearing a mask presents a safety and fire hazard to the face. An employee working over an open flame or where candles are present or other chemicals that could cause combustion are at an elevated risk for having their face catch on fire. (E)Wearing a mask prevents a safety hazard to the employee if the mask is catch in machinery or equipment. (F)Wearing a face shield creates a safety hazard for all of the same reasons listed in point 1-5, plus these additional safety hazards (i)Face shields are not in compliance with OSHA Standard number1926.102 for Eye and Face Protection. (ii)Face shields create glare and blurriness for the wearer. Glare is one of the leading causes of cataracts, and cataracts are the leading cause of blindness. (G) OSHA guidelines state that cloth face coverings are not considered “PPE”(personal protective equipment) and therefore they do not protect the wearer against any infectious disease, including COVID-19. https://www.dir.ca.gov/title8/3380.html. (H) CA Industry Guidance for Restaurants,(and for all other industries)it states on page 6:”Face coverings do not protect the wearer and are not personal protective equipment (PPE).”(I) CA Dept of Health states in its “GUIDANCE ON FACE COVERINGS” issued on June 18, 2020: “Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines [are exempt]. THUS, requiring a mask of employees or patrons VIOLATES THE OSHA GENERAL RULE.

FACT 12: If you receive a visit from a health inspector or code enforcement officer, you have the right to ask for a warrant for that person to enter your premises. (see FACT 19 for additional information.)

FACT 13: If you are served with a violation, it is considered an administrative infraction and you have the right to go before an administrative judge or jury to have your case heard. (See FACT 19 for other options on being served a notice of violation.)

FACT 14:If you refuse to answer the violation, you may be at risk of having your license revoked –not because of not enforcing masks – but because you did not respond or appear to answer this claim.

FACT 15:Getting an administrative hearing or court date is a GOOD thing because you will be able to go before the officials and have this mask nonsense thrown out once for all –because there is no lawful law, regulation, order or ordinance you are violating. If you do get a violation or hearing date, you can seek personal help from Peggy Hall who will be your Assistance of Counsel. Email peggy@thehealthyamerican.org. [ASSUME THIS ONLY APPLIES TO CALIFORNIA PATRONS]

FACT 16:You can protect the lawful integrity of your business AND avoid harassment from OSHA or Environmental health enforcers by preparing your own business notices and documents that include: (A)NOTICE TO GOVERNMENT AGENTS: Be advised that this is a private establishment. You need a warrant to lawfully enter this establishment. Any attempt to violate this will result in law enforcement being summoned. (B)POLICY OF CONSTITUTIONAL COMPLIANCE: This establishment is in compliance with the United States Constitution and the Bill of Rights and therefore upholds the God-given rights of the people for free and equal access to all facilities, privileges, accommodations and services without discrimination of any kind, whatsoever.

FACT 17: You can protect your business by preparing written WORKPLACE SAFETY GUIDELINES.[***]

FACT 18: Any attempt by code enforcement or law enforcement to trespass your business or serve you with a violation can be handled like this: (A)Use your phone to record the interaction. Remain calm and polite. Do not threaten or harass them. (B)Ask them for their business card, name, title, badge number and organization they are representing. (C)Hand them the NOTICE OF VIOLATION (See attached)[***] (D)Say this calmly and clearly (you can read it from the NOTICE of VIOLATION): I realize you are here “doing your job”but I am WARNING you to not proceed any further. You are attempting to deprive me of my rights under the color of law and you are also committing an act of domestic terrorism by attempting to ‘intimidate or coerce’ me. I am advising you to take this NOTICE OF VIOLATION back to your office, copy it and give a copy to your supervisor. Please also distribute it widely. As you are the official that has been dispatched to do whatever it is you are here to do, you are the one at risk, and you are in jeopardy professionally and personally because you are about to do something that is CRIMINAL. And that is likely not fair to you, since you are “only doing what you have been told to do.”The problem is this: you are being told to do something that is CRIMINAL.You are the one that is in jeopardy professionally and personally. (E)Hand them the letter. Stop talking.