Opinion | Lois Shepherd: Viral COVID-19 mask 'exemptions' are legally — and morally — indefensible. - NBCNewsTHINK
First of all, the claim that businesses can’t ask about mask compliance is baseless. HIPAA does protect people’s private health information, but it only covers certain entities — like health care providers and health insurance companies — who must protect the information they already have. So it’s not about asking people about their medical conditions and it doesn’t apply to stores and entertainment establishments anyway.
The Fourth Amendment reference is even more of a stumper. This amendment protects against unreasonable search and seizure from the government. In fact, all of our Constitutional rights protect us from government intrusion, not the actions of businesses. Plus, asking a question is not a “search and seizure.” Even the Fifth Amendment allows incriminating questions to be asked even if it protects people from answering them.
It’s true that a person might claim the government is violating their rights by mandating that they wear a mask. But that argument has already been rejected by several courts. It’s true that a person might claim the government is violating their rights by mandating that they wear a mask. But that argument has already been rejected by several courts — including in
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