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A group of anti-mask protesters have temporarily closed a Trader Joe’s in Fresno.
Although scientific evidence – and advice from local, state and federal officials – supports the importance of wearing masks to mitigate the spread of COVID-19, “Burn the Mask” protesters have blocked the entrance to the grocery store Saturday afternoon. As a result, the store chose to close early. It was not shut down by police, as some mistakenly claimed on social media.
A video posted to social media shows a protester reading a prepared list of reasons why Trader Joe’s, a private company, must serve him despite refusing to wear a mask. As he argues up close and without a mask with a masked Trader Joe employee, he is encouraged by a group of supporters, many of whom are filming on their phones. The protesters then begin to write the names of the employees according to their badges. The man claims they will be “legally prosecuted” for forbidding them to enter the store, to which an employee says: “Very well” as he closes the door to them.
The man cites the 1964 Civil Rights Act as proof that he is a victim of discrimination, a common point of discussion for anti-masks. Title II of the law reads as follows: “All persons have the right to full and equal enjoyment of the goods, services, facilities, privileges, benefits and accommodation of any public accommodation, as defined in this section , without discrimination or segregation on the basis of race, color, religion or national origin. “
Requiring a mask during a global health crisis does not violate any part of this law, most legal scholars say, because the mask’s mandate applies to all people universally rather than targeting specific individuals.
Despite frequent claims by anti-masks that wearing a mask violates their civil liberties, there is little constitutional basis for this. Mask warrants probably do not violate the First Amendment, as wearing a mask does not prevent the ability to express oneself freely. In addition, private companies are allowed to apply a myriad of rules, such as the requirement to wear shoes or shirts, to enter their stores. And courts ruled as recently as last year that individuals have no right to ignore public health demands.
A lawsuit filed in Florida last year claiming the mask’s warrant interferes with “personal freedom and constitutional rights” was harshly dismissed by a judge.
“No constitutional right is infringed by the mandate of the Mask Ordinance … and that the obligation to wear such cover has a clear rational basis based on the protection of public health,” the court said. .
“Constitutional rights and the ideals of limited government do not allow (citizens) to completely shirk their social obligations to their fellow Americans or to society as a whole,” he added. “… After all, we don’t have the constitutional right to infect others.”
The main protester can be seen on video saying he intends to file a Justice Department complaint against Fresno Trader Joe’s, and is asking “witnesses” to help him.
“We’re also filing a formal notice against the other guy, I don’t know his last name,” he said, referring to an employee who spoke to him earlier.
The Fresno Police Department confirmed to the Fresno Bee that police responded to reports of unrest but that no arrests were made.
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