Do You Need a Lawyer?
As employers begin to talk about mandating vaccines, consider pooling your collective resources to hire legal representation. If an employer mandates one medical procedure (COVID-19 vaccine) they open the door for you to demand protection from a long list of infectious diseases such as those listed by the Boston Public Health Commission, including the common cold, influenza, hepatitis, conjunctivitis, and ringworm. – Dr. Joseph Mercola
- America’s Frontline Doctors (AFLDS) provides helpful legal resources.
- Health Freedom Defense Fund: This nonprofit is working to address unethical and unlawful mask, testing, and vaccine mandates through focused legal actions.
- State-level: If you find yourself needing an attorney for a vaccine injury case, you can try looking through this state list.
- The Rutherford Institute: They believe that the best defense against tyranny is an educated citizenry that knows their rights and is prepared to stand up for them. The Institute provides its legal services at no charge to those whose constitutional and human rights have been threatened or violated.
- How to Win in Court Law Course recommended by Peggy Hall of the Healthy American. If you can't afford a lawyer, can't find a lawyer to take your case, or just want to find out how Peggy Hall learned what she has about the law, then this course is for you.
US STATE AND FEDERAL LAWS THAT PROTECT YOUR RIGHTS IN MASSACHUSETTS
Special thanks to Peggy Hall of The Healthy American www.thehealthyamerican.org in association with www.privacyfight.com.
(1) It is UNLAWFUL for the owner of a business or an employee to require someone to wear a mask. There is no mask law in Massachusetts (no code on the books) requiring people to wear face coverings. Even if they are a licensed medical doctor who has examined the patron and have determined that the person is physically fit enough to restrict their breathing and to breathe excess carbon dioxide while on their premises, the person still has the right to choose whether to wear a mask or not. Recommending that someone wear a mask, which is designated by the FDA as a “medical device” is the unlicensed practice of medicine, which is a violation of Massachusetts General Laws, Part I, Title XVI, Chapter 112, Section 6. Unauthorized or unregistered practice of medicine will be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not less than one month nor more than one year, or both.
(2) It is UNLAWFUL for the owner of a business or an employee to take someone’s temperature. Gathering vital statistics is a violation of the 4th Amendment, which protects a person’s right to privacy.
(3) It is UNLAWFUL for the owner of a business or an employee to attempt to enforce local ordinances. A business owner or an employee is not a law enforcement officer and impersonating a law enforcement officer is a crime in this state under Massachusetts General Laws, Part IV, Title I, Chapter 268 Section 33: Impersonating an officer carries the penalty of a fine of not more than four hundred dollars or by imprisonment for not more than one year.
(4) It is UNLAWFUL for the owner of a business (a place of public accommodation) or an employee to prohibit someone from entering their establishment. U.S. Federal Civil Rights Law, Title II requires free and equal access to all services and facilities WITHOUT DISCRIMINATION. Having someone else shop for them is not equal. Further, the non-discrimination laws in this State, under General Laws, Part IV, Title I, Chapter 272, Section 98 further prohibit a business from preventing entry to the full enjoyment of the business establishment.
(5) Any claim of “store policy” or “no mask, no service” is NULL, VOID and UNLAWFUL as no business may enforce policy that violates established law.
(6) Neither the owner of a business (a place of public accommodation) or an employee may prevent the lawful entry of a patron – regardless of whether they are wearing a face covering or not. Attempting to prevent the entry of a patron to a business establishment, which is a place of public accommodation is a violation of an IMPLIED, IRREVOCABLE LICENSE that the business has granted to the public.
7) According to Governor Baker’s mask guidance that went into effect on May 6, EXCEPTIONS include children under the age of 2 and those unable to wear a mask or face covering due to a medical condition. According to Massachusetts Dept of Public Health notices, they specifically state: EXCEPTIONS for wearing a face mask or covering include situations that may inhibit an individual from wearing a face-mask safely including, but not limited to: Those who cannot breathe safely; Those who, due to a behavioral health diagnosis, are unable to do so; Those communicating with people who rely upon lip-reading; Those who require supplemental oxygen to breathe; and Those who are exercising outdoors and are able to keep physical distance from others. There is no mask law, this is guidance. Legally, in this country citizens are only obligated to follow the law. At no time have our state and federal harassment and discrimination laws been legally revoked or suspended this past year. These laws ARE currently in effect for all citizens and businesses.
8) According to Massachusetts General Laws, Part IV, Title I, Chapter 265, Section 43A: Criminal harassment; punishment. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 2 1/2 years or by a fine of not more than $1,000, or by both such fine and imprisonment. (b) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent such crime, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.
9) According to HIPAA Privacy Rule, and also According to MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH 105 CMR - 316.040 (A), a person who declines to wear a mask or cloth face covering because of a medical condition shall not be required to verify the condition or that the exemption applies, and they shall not be required to produce documentation verifying the condition. This rule is in place so that people with disabilities do not have to embarrass themselves by listing their personal medical history and problems to be judged by others. These laws have not been legally eliminated or suspended because of current events -- they are still very much in effect and must be enforced.
10) According to MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH 105 CMR - 316.040: Business Authority (B) A business must allow entry to any individual not wearing a face mask or covering pursuant to 105 CMR 316.010(C) or due to one or more of the exceptions set forth in 105 CMR 316.030
Special thanks to Peggy Hall of The Healthy American www.thehealthyamerican.org in association with www.privacyfight.com.
(1) It is UNLAWFUL for the owner of a business or an employee to require someone to wear a mask. There is no mask law in Massachusetts (no code on the books) requiring people to wear face coverings. Even if they are a licensed medical doctor who has examined the patron and have determined that the person is physically fit enough to restrict their breathing and to breathe excess carbon dioxide while on their premises, the person still has the right to choose whether to wear a mask or not. Recommending that someone wear a mask, which is designated by the FDA as a “medical device” is the unlicensed practice of medicine, which is a violation of Massachusetts General Laws, Part I, Title XVI, Chapter 112, Section 6. Unauthorized or unregistered practice of medicine will be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not less than one month nor more than one year, or both.
(2) It is UNLAWFUL for the owner of a business or an employee to take someone’s temperature. Gathering vital statistics is a violation of the 4th Amendment, which protects a person’s right to privacy.
(3) It is UNLAWFUL for the owner of a business or an employee to attempt to enforce local ordinances. A business owner or an employee is not a law enforcement officer and impersonating a law enforcement officer is a crime in this state under Massachusetts General Laws, Part IV, Title I, Chapter 268 Section 33: Impersonating an officer carries the penalty of a fine of not more than four hundred dollars or by imprisonment for not more than one year.
(4) It is UNLAWFUL for the owner of a business (a place of public accommodation) or an employee to prohibit someone from entering their establishment. U.S. Federal Civil Rights Law, Title II requires free and equal access to all services and facilities WITHOUT DISCRIMINATION. Having someone else shop for them is not equal. Further, the non-discrimination laws in this State, under General Laws, Part IV, Title I, Chapter 272, Section 98 further prohibit a business from preventing entry to the full enjoyment of the business establishment.
(5) Any claim of “store policy” or “no mask, no service” is NULL, VOID and UNLAWFUL as no business may enforce policy that violates established law.
(6) Neither the owner of a business (a place of public accommodation) or an employee may prevent the lawful entry of a patron – regardless of whether they are wearing a face covering or not. Attempting to prevent the entry of a patron to a business establishment, which is a place of public accommodation is a violation of an IMPLIED, IRREVOCABLE LICENSE that the business has granted to the public.
7) According to Governor Baker’s mask guidance that went into effect on May 6, EXCEPTIONS include children under the age of 2 and those unable to wear a mask or face covering due to a medical condition. According to Massachusetts Dept of Public Health notices, they specifically state: EXCEPTIONS for wearing a face mask or covering include situations that may inhibit an individual from wearing a face-mask safely including, but not limited to: Those who cannot breathe safely; Those who, due to a behavioral health diagnosis, are unable to do so; Those communicating with people who rely upon lip-reading; Those who require supplemental oxygen to breathe; and Those who are exercising outdoors and are able to keep physical distance from others. There is no mask law, this is guidance. Legally, in this country citizens are only obligated to follow the law. At no time have our state and federal harassment and discrimination laws been legally revoked or suspended this past year. These laws ARE currently in effect for all citizens and businesses.
8) According to Massachusetts General Laws, Part IV, Title I, Chapter 265, Section 43A: Criminal harassment; punishment. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 2 1/2 years or by a fine of not more than $1,000, or by both such fine and imprisonment. (b) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent such crime, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.
9) According to HIPAA Privacy Rule, and also According to MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH 105 CMR - 316.040 (A), a person who declines to wear a mask or cloth face covering because of a medical condition shall not be required to verify the condition or that the exemption applies, and they shall not be required to produce documentation verifying the condition. This rule is in place so that people with disabilities do not have to embarrass themselves by listing their personal medical history and problems to be judged by others. These laws have not been legally eliminated or suspended because of current events -- they are still very much in effect and must be enforced.
10) According to MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH 105 CMR - 316.040: Business Authority (B) A business must allow entry to any individual not wearing a face mask or covering pursuant to 105 CMR 316.010(C) or due to one or more of the exceptions set forth in 105 CMR 316.030
10/26/20 Letter to Great Barrington Town Officials
See response from Great Barrington health department below letter.
Date: Mon, Oct 26, 2020
Subject: Letter to Police Chief Walsh regarding masks
Location: Great Barrington, MA
Dear Chief Walsh,
Thank you for returning our call on Saturday. You were very pleasant to speak with and helpful. As we had mentioned during our discussion, we had a good conversation with Sheriff Bowler’s attorney, Daniel Sheridan, last week and he recommended that we call you. Please note that we have copied a number of officials so that they are also aware of our concerns as we have heard similar complaints from others throughout Berkshire County. If you would confirm receipt of this email it would be very much appreciated. Thank you!
We realize that this is an unprecedented time for everyone (for town officials, local businesses, and community members alike). We also realize that what has been happening here in Berkshire County is being done with the best (albeit misinformed) of intentions, but our local businesses have been breaking the law and this needs to stop immediately. We have listed the laws at the end of this letter.
It should be noted that in each place where this has occurred in Great Barrington, the businesses have claimed they are following the Great Barrington Health Department and governor’s guidance. As we mentioned, we also spoke with Rebecca Jurczyk from the Great Barrington Health Department and we did get the impression that she wants the best for all concerned and is willing to look into the matter. We would like to rely on your experience Chief Walsh to help clear up this situation so that our business and community members are not confused about the law. And if confusion remains in some cases, we would like to be able to call on your police officers for help with harassment and discrimination issues (from either business owners, employees and/or community members) when they are threatening, with confidence that your officers have a thorough understanding of our constitution and state and federal laws.
Great Barrington businesses that are public accommodations are claiming they are “private businesses” and as such have the right to make whatever store policies they wish, even if these policies break state and federal law. When we spoke with one of your police officers, they were also under the impression that this was acceptable. We tried explaining that a business cannot just make any policy they wish if it breaks a law (even now) . . . they cannot for example make a policy that says that no black people, or people that use wheelchairs, can shop in their store because it will make others uncomfortable. As a public accommodation they are bound by the law even during this chaotic time. In fact, as I’m sure you will agree, following the law during a time of unrest is more important than ever.
Two specific examples we will provide are Berkshire Food Co-op, and Guido’s Fresh Marketplace (but note that this is also happening in medical places like East Mountain Medical and Berkshire Eye, and in hardware stores like Carr and many more. Note that Berkshire Bank has illegal signs on their door). The businesses have been physically blocking people who are unable to wear masks from entering their businesses, and when they have been able to get by, have refused to check out their purchases when they approach the cash register. At times, some employees are verbally abusive, which constitutes harassment. When we spoke with Sheriff Bowler’s attorney about this he said that harassment is illegal and that we should call you. Businesses say it will make some customers uncomfortable allowing people that are unable to wear face coverings inside, so that gives them the right to break the law. But I ask you, what would happen if someone were to tell a police officer that they are uncomfortable driving less than 80 miles per hour on the side streets of Great Barrington or that they found stopping at red lights inconvenient? The law is the law of course.
Both Berkshire Food Co-op, and Guido’s Fresh Marketplace say they are providing fair and equal service to people that are unable to wear face coverings by providing curbside service, but this is untrue for the following reasons:
- Not allowing a law-abiding member of the public entry into a place of public accommodation and not allowing them to purchase a product or service is discrimination which is against the law. And physically blocking someone's entry into a public accommodation is harassment.
- Not being able to shop, look for sales and new products, and choose your own food and products, is not fair and equal service.
- The first two points are more than legally sufficient. But in addition, for curbside pickup, both stores only offer limited times you can order, and a limited number of items you can order — this is not fair and equal service if you are not also allowed the option to shop inside.
- Both businesses are charging an extra fee for curbside pickup — this is not fair and equal service, especially if you are not also allowed the option to shop inside. The curbside pickup money that has been collected to date from customers who have not been allowed to shop inside should be returned to them.
A Potential Solution - Legally, those that are unable to wear a face covering must be allowed into any place of public accommodation. But, we do have one suggestion for stores if this will make them more comfortable. Stores like Guidos and Berkshire Co-op could offer one aisle at checkout just for those that do not wear masks (this would not break any laws that I am aware of). Places like East Mountain Medical and Berkshire Eye can designate a separate area for people without masks to sit and wait. Although we must say, it reminds us of racial segregation — do we really want a country like this when we have now found out that the COVID-19 virus has a survival rate according to the CDC of 99.997% for age 0-19, 99.98% for age 20-49, 99.5% for age 50-69, and 94.6% for age 70 plus. It would help considerably if all health department officials made the attached facts more clear to the public to help counter the misleading and inaccurate propaganda they are hearing from the mainstream media and political officials and organizations.
The US STATE AND FEDERAL LAW listed above were included here.
10/29/20 Health Department Response
From Rebecca Jurczyk <RJurczyk@townofgb.org>Thu, Oct 29, 2020, 3:48 PM
Good Afternoon,
As you know, Chief Walsh, Town Manager Mr. Pruhenski, and I met to discuss the concerns you brought to our attention. First, thank you raising awareness on these issues and for thoughtfully outlining your email to the group. The Town’s COVID-19 Task Force will continue to discuss enforcement of the Governor’s Mask Order and ensure that Great Barrington businesses are aware of the exemptions laid out within that Order. We walked away from our Tuesday conversation having all strongly agreed that local businesses should be providing fair and equal accessibility. In whatever ways the Town can ‘underline’ that statement, we will.
Good Afternoon,
As you know, Chief Walsh, Town Manager Mr. Pruhenski, and I met to discuss the concerns you brought to our attention. First, thank you raising awareness on these issues and for thoughtfully outlining your email to the group. The Town’s COVID-19 Task Force will continue to discuss enforcement of the Governor’s Mask Order and ensure that Great Barrington businesses are aware of the exemptions laid out within that Order. We walked away from our Tuesday conversation having all strongly agreed that local businesses should be providing fair and equal accessibility. In whatever ways the Town can ‘underline’ that statement, we will.
Thank you,
Rebecca Jurczyk Health Agent 413-528-0680, office 413-717-2010, mobile rjurczyk@townofgb.org Town of Great Barrington 334 Main Street Great Barrington MA 01230 |