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Originally Posted by eschaton
I had to deal with a major COVID freak-out from my wife last night.
Both of us are of course fully vaxxed, but neither of our kids are. Daughter is turning 12 this month and will get her first shot soon. Son is 7.
Regardless, our county just edged up into the range where the CDC is strongly suggesting indoor mask use even among the vaccinated. Her work required everyone to wear masks all day yesterday.
She's mostly freaking out because we are going on a family vacation in a week and a half to LA. We chose it a few months ago before the spike - mostly because none of us had ever been and we had a huge flight credit from a canceled 2020 international trip to use up. We've now sunk thousands into an Airbnb, Disney tickets, etc. So now she's trapped between her desire to not waste money and her (largely irrational) fears of the kids getting serious COVID cases.
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There's no need to freak out or change plans. Just wear masks if it will make her feel better, avail yourselves of the good weather and choose to dine al fresco, and do outdoorsy things. According to today's New York Times COVID
hotspot map, this region's average rate of daily COVID infections per 100,000 is pretty low relative to places in the South and Midwest--29 per 100,000 in LA County, and 22 per 100,000 in Orange County. There's really not much to worry about.
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Originally Posted by Matthew
Out of curiosity...
Could someone take a restaurant or retailer to court over mask requirements?
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A suit like that would be thrown out for lack of standing, because there are no 'damages' that the complainant could demonstrate for which the court could craft a remedy.
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Giving medical advice and prescribing a medical device, without a license, as a requirement to enter somewhere is likely a violation of law?
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A private establishment's requirement that
all potential customers must wear a mask on premises would not constitute illegally furnishing medical advice to
any individual potential customer who subsequently showed up.
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Originally Posted by Matthew
Also, while many businesses aren't essential, what about those that are?
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That term was used by local and state government to classify businesses that were allowed to stay open when others with different classifications were required to close. That classification did not, to my knowledge, strip private establishments from their longstanding right to set and enforce rules for potential customers on premises. You
can visit essential businesses--but not if you also simultaneously flout their rules.
Smoking isn't illegal per se, but you can't do it in any supermarket I know of, and if you do, they can legally kick you out for breaking their rule against smoking inside the store--regardless of the nature of the goods they sell, or how much you insist you need those goods. You had the option to obtain those needed goods just like everyone else, as long as you chose to follow the store's rule against smoking, but when you chose to smoke inside the store, you voluntarily forfeited that option. Same with shoes, shirts--and masks.
The law will only usually get involved in private establishments' rules for customers on premises when they involve barring potential customers based on their inclusion in a protected class, such as rules that once barred African Americans from public accommodations.