12 April 2020

Mandatory Masking

Florida has an interesting statutes on the books:

876.12 Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state.
History.—s. 2, ch. 26542, 1951.
876.13 Wearing mask, hood, or other device on public property.No person or persons shall in this state, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of any municipality or county of the state.
History.s. 3, ch. 26542, 1951.
876.14 Wearing mask, hood, or other device on property of another.No person or persons over 16 years of age shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, demand entrance or admission or enter or come upon or into the premises, enclosure, or house of any other person in any municipality or county of this state.
History.s. 4, ch. 26542, 1951.
876.15 Wearing mask, hood, or other device at demonstration or meeting.No person or persons over 16 years of age, shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, hold any manner of meeting, make any demonstration upon the private property of another unless such person or persons shall have first obtained from the owner or occupier of the property his or her written permission to so do.
History.s. 5, ch. 26542, 1951.


Can the "authorities" order you to break the law?

"Batman" should not have been harassed or arrested because there's a clarifying statute:
 
876.155 Applicability; ss. 876.12-876.15.The provisions of ss. 876.12-876.15 apply only if the person was wearing the mask, hood, or other device:
(1) With the intent to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws or for the purpose of preventing the constituted authorities of this state or any subdivision thereof from, or hindering them in, giving or securing to all persons within this state the equal protection of the laws;
(2) With the intent, by force or threat of force, to injure, intimidate, or interfere with any person because of the person’s exercise of any right secured by federal, state, or local law or to intimidate such person or any other person or any class of persons from exercising any right secured by federal, state, or local law;
(3) With the intent to intimidate, threaten, abuse, or harass any other person; or
(4) While she or he was engaged in conduct that could reasonably lead to the institution of a civil or criminal proceeding against her or him, with the intent of avoiding identification in such a proceeding.
History.s. 1, ch. 81-249; s. 1416, ch. 97-102.
 
And there are exceptions and exemptions:
 
876.16 Sections 876.11-876.15; exemptions.The following persons are exempted from the provisions of ss. 876.11-876.15:
(1) Any person or persons wearing traditional holiday costumes;
(2) Any person or persons engaged in trades and employment where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession;
(3) Any person or persons using masks in theatrical productions, including use in Gasparilla celebrations and masquerade balls;
(4) Persons wearing gas masks prescribed in emergency management drills and exercises.
History.s. 6, ch. 26542, 1951; s. 46, ch. 83-334.
  
876.16(4) appears to cover wearing a protective mask to avoid disease.  (3) appears to apply to "Batman".

It's a 2nd degree misdemeanor punishable with, up to, a $500 fine or, up to, 60 days in jail.

6 comments:

  1. You mean, like harassing gun-larpers who were fishing, the local constabularies throughout Florida don't know the state laws they are entrusted to enforce?

    My, my, my.

    Yeah, I smell a fat tax-payer subsidized payout on that one.

    The way the law reads can be condensed down to "Wearing a mask while doing bad-stuffs is bad, and illegal and will result in being arrested. Playing Batman Cosplay or wearing a medical mask for reasons? Not so much."

    This strikes me as some odious sheriff or local state attorney trying to make a mark during election season. And failing horribly.

    As to Ybor City... I remember Ybor City. There were lots of people in Ybor that would look better with masks. Some of them might even be allowed the breathable kind...

    ReplyDelete
  2. 876.16(4) appears to cover wearing a protective mask to avoid disease.

    I don't think so. It specifies a gas mask which is to avoid poisoning, not disease. Of course, IANAL, but the way I read that, there's no excuse for wearing a mask in public. I have some N95 masks that I got for working in the shop. This seems to say I can't walk out to my mailbox wearing it.

    As always in a police state, whether you're arrested and hauled off depends on the interpretation of the person enforcing the laws, not the clear language of the law.

    ReplyDelete
    Replies
    1. On closer reading, I think I agree with you on 876.16(4).

      The cops are nearly the least informed people in society about what the laws say. Ironically they're the ones supposed to be enforcing those laws they're ignorant of.

      Delete
  3. That law sounds like it was originally written to put salt on the tail of the Ku Klux Klan. And they had to clarify it several times to ensure that it only applied to the Klan or Klan-like organizations.

    ReplyDelete
    Replies
    1. It was totally passed to shit on the Klan.

      As far as I know, it's never been applied to them.

      The Klan isn't exactly a going concern down here anymore. Unless you count all the FBI agents keeping the web site up for the SPLC.

      Delete
    2. And, like so many other places that have the anti-mask due to Klan laws, they will not apply it to Antifa and other leftist protestors. Well, at least here in Alachua County.

      Delete

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