In Virginia and many other states now under Medical Martial Law, Gesundheitsfuhrers have issued orders that Diapers Muss Sein (everyone must wear a Face Diaper). At the same time, these orders have an exemption from Diapering. Here is the letter of the law, so to speak. So to speak because no laws have actually been passed; rather orders regarding "guidelines" are being enforced.
Here's the verbatim exemption from the order:
"Nothing in this Order shall require the use of a face covering by any person for whom doing so would be contrary to his or her health or safety because of a medical condition. Any person who declines to wear a face covering because of a medical condition shall not be required to produce or carry medical documentation verifying the stated condition nor shall the person be required to identify the precise underlying medical condition."
Italics added to make the point. Which is that the Gesundheitsfuhrers know they haven't got lawful authority to order mandatory Face Diapering contrary to actual laws, among these the federal Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA). The former requires all businesses that do business with the public to accommodate - that is to say, serve - those with medical and other disabilities while the latter protects the privacy of medical information. A business cannot refuse service, in other words, on account of a person's disability nor require disclosure/proof of the disability.
That's the actual law.
Bu the problem is that private businesses can - and are - asserting their own orders that Diapers Muss Sein for everyone - no exemptions - and curiously enough, the Gesundheitsfuhrers aren't doing anything about this violation of the law.
But of course, they would do something if businesses refused to admit/serve blacks, say. Which is also very much against the law.
The disparity exists for the same reason that an armed government worker (AGW) can issue you a ticket for "speeding" and not wearing a seatbelt while he himself ignores both speed limits and buckle-up laws and is permitted to shoot people without the same justification required of you and is held to a much lower standard of conduct if he does.
It is why those who imposed Obamacare on you and I are exempted from Obamacare.
It's about the possession and assertion of power, in other words.
Laws duly passed by representatives accountable to the people and applicable to all are found in relatively free countries, where people at least know where they stand in relation to the law - because there are laws - defined and equally applicable. People living in such countries - ours used to be one - don't feel quite as abused because they know only the law will be enforced. Not the arbitrary whim of people with power, as they like.
That is the defining attribute of largely unfree countries - in which whatever latitude the individual has to make decisions for himself is mostly accidental and can be attributed to his not having run up against someone with more power than he has.
In free countries, people respect the law because the law has boundaries; because it is knowable and by dint of that, limited.
In unfree countries, people fear power. Which can be applied at random without notice, at any time. Or not. Just because. One develops an instinct to suss out what power wants (demands) and acts accordingly.
Right now, power wants Face Diapering.
It is not necessary to pass laws to get the point across, because too many Americans no longer care about laws.
These "private" businesses are being allowed to assert a pathetic - because not real - simulacrum of property rights, which do not actually exist. If they did exist, these businesses would be perfectly free to deny service to anyone, for any reason.
Of course, they cannot do that - because power doesn't like that. It never liked blacks, by the way. It forbade denial of service to them because it enhanced their power. Nothing more.
It likes Face Diapering for the same reason - so it ignores the laws to the contrary.
If we lived in a country in which those with power respected the law, then laws would have been passed - or not - regarding this Face Diapering business and all the rest of it.
And in the meanwhile, existing laws regarding the obligation of a business to not discriminate against anyone on the basis of their medical situation would be just as aggressively enforced as the existing laws regarding a businesses' obligation to not deny service to blacks is aggressively enforced.
The former is not because it serves the interests of power. So also the not-enforcing of laws that nominally stand athwart Face Diaper Decrees.
And that is the law.
We are living under Medical Martial Law - but here again, no law to that effect has been passed in any state. The martial law just is . . . and just like that. It was asserted - and it remains. Which it will until and unless people tire of being told what they may and not do by Gesundheitsfuhrers who are above the law and a power unto themselves alone.
. . .
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