Wearing masks to ward off COVID-19 has generated even more division in a country already carved up by politics and ideologies.The Centers for Disease Control claims that a cloth-face covering might not protect the person wearing it, but it could prevent a person from spreading the virus to others. According to the CDC website, COVID-19†is mainly spread from person to person through respiratory droplets produced when infected people cough, sneeze, talk or raise their voices (e.g., shouting, chanting or singing).The droplets can land in the mouths or noses of people nearby, or they could be inhaled into the lungs.†The website states that recent studies†show that a significant portion of individuals with COVID-19 lack symptoms (asymptomatic) and even those who eventually develop symptoms (pre-symptomatic) can transmit the virus to others before showing symptoms.According to the Colorado.gov website, practicing social distancing isnít necessarily about self-protection;†itís about protecting the most vulnerable people. ìWe all have a role to play, and weíre all in this together. We urge Coloradans to exercise personal responsibility to protect public health.îLauren Errico, a spokeswoman for the Colorado Department of Public Health and Environment, said, ìWearing a mask doesnít just protect the person wearing it ó it protects others. We are in the midst of a pandemic, and we have a social responsibility to make common sense choices that protect our families, our friends and our neighbors.îHowever, some people have said that mandating masks is a violation of their rights as a citizen. But the government has legal backing to declare a mandate to wear a mask. In the case of Jacobson v. Massachusetts, 197 U.S. 11 (1905), the Court upheld the authority of states to enforce†compulsory vaccination†laws. The Court’s decision made clear that individual liberty is not absolute and is subject to the†police power†of the state. An article posted on the website of the law firm Faegre Drinker Biddle & Reath LLP (faegredrinker.com) stated, ìCOVID-19 has disrupted all industries and individuals on an unprecedented level and has left states and local governments scrambling to implement the guidelines and other measures to contain its spread. But with most governmental action, such orders and activities can and indeed do infringe on fundamental rights.îThe American Bar Association stated that under the U.S. Constitutionís 10th Amendment and U.S. Supreme Court decisions made over nearly 200 years, state governments have the primary authority to control the spread of dangerous diseases within their jurisdictions. The 10th Amendment, which gives states powers nonspecific to the federal government, allows states the authority to take public health emergency actions, such as setting quarantines and business restrictions.In an article written by Al Tompkins, senior faculty member at the Poynter Institute, he said, ìAs a reminder of the meaning of the 10th Amendment, ëPowers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.íî States also retain significant emergency powers to regulate public safety and health through their individual state constitutions and legal precedents, dating back to the early 1800s. ìIf reasoning alone was enough to convince people to care for themselves and others, then the experts could post the evidence that masks reduce the transmission of the virus and that would be enough,î Tomkins said. ìBut research†on seat belt use and childhood vaccinations, for example, shows that when governments make safety mandatory, people pay more attention. And when governments widen the list of exemptions, people take advantage of those exemptions.îWhat about people who cannot wear masks because of a disability or medical reason?According to the Southeast American Disabilities Act Center website, if a person with a disability is unable to wear a face mask, state and local government agencies and private businesses must consider†reasonable modifications†to a face mask policy. This directive does not include individuals without disabilities; they are not protected under the ADA. The website gives examples of people with a disability who might not be able to wear a face mask:
- Individuals with asthma, chronic obstructive pulmonary disease or other respiratory disabilities because of impaired breathing. The CDC also states anyone who has trouble breathing should not wear a face mask.
- People with post-traumatic stress disorder, severe anxiety or claustrophobia†could feel afraid or terrified when wearing a face mask.
- Some people with autism are sensitive to touch and texture. Covering the nose and mouth with fabric can cause sensory overload, feelings of panic and extreme anxiety.
- A person who has cerebral palsy might have difficulty moving the small muscles in the hands, wrists or fingers. Because of their limited mobility, they may not be able to tie the strings or put the elastic loops of a face mask over the ears, without assistance.
- People who use mouth control devices such as a sip and puff to operate a wheelchair or assistive technology or those who use their mouth or tongue to use assistive ventilators will be unable to wear a mask.
