Ignorance is not Bliss (Continued by Michael Peroutka)

Ignorance is not Bliss (Continued by Michael Peroutka

by Michael Peroutka

Dear Friends  of the Constitutional Republic:

Our friend, Paul Engel, has recently posted an article on the American View website entitled “Ignorance is not Bliss”. 

In that article Mr. Engel argues that even though face mask orders by governors or other government officials are unlawful, private business owners are nonetheless acting within their rights to require their business invitees to comply with their policies. 

Although I am in general agreement with Mr. Engel and believe his argument to be sound as far as it goes, I would like to add some additional thoughts and suggestions. 

By way of background, I believe that the Federal Civil Rights Act contains many provisions that are beyond the authority provided to Congress under Article I, Section 8, of the United States Constitution. Notwithstanding this fact, its provisions regarding “public accommodations” present an argument that business owners are prohibited from requiring the wearing of masks as a matter of public policy.

As an example, there is a growing movement in Ohio and elsewhere as a part of which many patriotic citizens are publishing and distributing pamphlets claiming that 

Federal Civil Rights Law, Title II, requires that as a place of public accommodation, a business is required to provide free and equal access to all services and facilities WITHOUT DISCRIMINATION. And that State and Federal law prohibits business owners and employees from preventing entry or even the full enjoyment of the business establishment. 

In addition, it is argued that a face mask is legally designated as a “medical device” by FDA Food, Drug & Cosmetic Act, Section 201(h) (Definition #2). Therefore, in every State, including Ohio, face masks are regulated as a medical device. Even just recommending that someone wear a regulated medical device (mask) is the unlicensed practice of medicine. According to ORC 4731.41 and 4731.34, this violation is a 5th degree felony.

Therefore, forcing a customer to wear a mask to enter a business constitutes a violation of Title II and the ORC. 

Again, while I am not prepared to pass on the constitutionality of the Civil Rights Act, it would seem that these arguments may indeed have merit and ought to be fully explored and pursued. 

For the Republic,

Michael Peroutka