NH Mask Mandate in Effect

[Frodo]

I like to use a Hannibal Lector mask when hiking. It doesn't prevent the spread of particles, but it scares people away (especially when they have young children with them).

Being serious, I hike and cycle without a mask, but keep one handy if I encounter people. I was on the Lincoln Woods Trail last weekend and wore my mask quite often, due to the groups of people wearing jeans and blocking the trail. Once I hit the Osseo Trail, I only encountered 5 other hikers.

 

[rup]

Out of curiosity, should they write u a ticket, don't they need to cite on ticket which LAW you violated? Exec order are not laws. I've heard many of these tix are tossed.

 

[maineguy]

I like to use a Hannibal Lector mask when hiking. It doesn't prevent the spread of particles, but it scares people away (especially when they have young children with them).

I would think that the Yankees cap would accomplish that...

 

[rocket21]

Out of curiosity, should they write u a ticket, don't they need to cite on ticket which LAW you violated? Exec order are not laws. I've heard many of these tix are tossed.

You are correct, it is not a law. There is no penalty for individuals who do not comply with this mandate.

Sadly, the places with the heaviest COVID regulations in the state (nursing homes) continue to be hot spots, which suggests the COVID regulations don't do much in the grand scheme of things. As the cliche goes, "virus gonna virus."

 

[DayTrip]

You are correct, it is not a law. There is no penalty for individuals who do not comply with this mandate.

So it's an optional mandate !?!?! What would be the purpose of the whole process if anyone could just say "Yah I'm not doing that"? Is the same true at the Federal level? Seems like an awful lot of action taking place based on the directions in Presidential executive orders. Why would businesses follow them either if it didn't suit their agendas?

Some context: "An executive order is a means of issuing federal directives in the United States, used by the president of the United States, that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power (delegated legislation)." So I'm assuming governors also have some level of "delegated legislative power" and thus they executive actions that do indeed carry the full power of law.

Any lawyers out there who want to weigh in?

EDIT: Some more added context from my state (CT): https://www.cga.ct.gov/2020/rpt/pdf/2020-R-0131.pdf.

 

[ChrisB]

...the places with the heaviest COVID regulations in the state (nursing homes) continue to be hot spots, which suggests the COVID regulations don't do much in the grand scheme of things.

Now that's some twisted logic! Yikes.

 

[rocket21]

So it's an optional mandate !?!?! What would be the purpose of the whole process if anyone could just say "Yah I'm not doing that"? Is the same true at the Federal level? Seems like an awful lot of action taking place based on the directions in Presidential executive orders. Why would businesses follow them either if it didn't suit their agendas?

Here is the actual order: https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-74.pdf

There is no enforcement mechanism on individuals; fines are left to the municipalities and other governing bodies. Moreover, clause 6 states, "A person who declines to wear a mask or cloth face covering because of a medical or developmental issue, or difficulty breathing, shall not be required to produce documentation, or other evidence, verifying the condition."


The reality is, this was likely put in place for PR purposes. If you live and go about your business in New Hampshire, you will have found that masks have been required in most places for months. Cases have subsequently surged, as they have an adjacent states that already had formal state-wide mask mandates.

 

[DayTrip]

Here is the actual order: https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-74.pdf

There is no enforcement mechanism on individuals; fines are left to the municipalities and other governing bodies. Moreover, clause 6 states, "A person who declines to wear a mask or cloth face covering because of a medical or developmental issue, or difficulty breathing, shall not be required to produce documentation, or other evidence, verifying the condition." There appears to be, at least in CT, a shelf life to these orders as well contingent upon the legislative body extending the authority delegated to the executive.


The reality is, this was likely put in place for PR purposes. If you live and go about your business in New Hampshire, you will have found that masks have been required in most places for months. Cases have subsequently surged, as they have an adjacent states that already had formal state-wide mask mandates.

I wasn't challenging the accuracy of your statement. I was legitimately wondering why an executive order wouldn't have the force of law. I did a little research after the post and this really seems to be a state-specific question based on what the respective state legislatures have (and have not) delegated as legislative authority. The condition of a "declaration of emergency" does give various executives orders the power and enforcement of law.

Like all things involving lawyers though, the devil is in the details and many executive orders have had their authority challenged in the courts because they take legislative action not expressly delegated. And in the case you specifically cited the legality of the executive order is kind of irrelevant because of the loophole provided for medical conditions. It is a legally binding executive order but there is also a legally binding method of preventing enforcement. I suspect this is really geared towards employees at a business, schools or whatever as opposed to individuals freely moving about the state. Is all kind of crazy really.

 

[richard]

Hopefully and supposedly, the vaccine will be ready soon. Especially for us old people.

 

[maineguy]

Hopefully and supposedly, the vaccine will be ready soon. Especially for us old people.

Masks after the vaccine? Yes accordingly to some.

https://www.cnbc.com/2020/11/16/fau...social-distancing-after-covid-19-vaccine.html

 

[bikehikeskifish]

It is a legally binding executive order but there is also a legally binding method of preventing enforcement. I suspect this is really geared towards employees at a business, schools or whatever as opposed to individuals freely moving about the state. Is all kind of crazy really.

My read is that it gives business a scapegoat to point to when they are trying to enforce mask-wearing.

Tim

 

[bikehikeskifish]

I am interested in the data on the Buff - when doubled over - providing decent (enough) coverage. Back in April/May, the home test was "Could you blow a candle out while wearing X?" and I could blow one out with the Buff, even doubled over, but not the double cotton layer in a mask made by family members.

I always have one or two Buffs with me, usually for sweat, but I can see wearing one around my neck and pulling it up ala neck gaiter style...

Tim

 

[NHClimber]

These orders are mostly PR. They are seeking to encourage certain behavior, which is understandable given the circumstances. But they are tough to enforce because (1) there are many exceptions, (2) the are insufficient resources to enforce against everyone, and (3) they may not be constitutional (and many folks legitimately worry about abuse of govt power under the auspices of an emergency - govt seeks to set precedent that is then relied upon to expand power in future crises, which should be a concern regardless of which side of the political spectrum you are on). These are just observations. I don’t know what the right answer is.

 

[ChrisB]

Yikes campers, don't do this!

Here's a video from the front lines of the mask wars.

Is that Mount Watatic where the battle is taking place?

 

[JoshandBaron]

I am interested in the data on the Buff - when doubled over - providing decent (enough) coverage. Back in April/May, the home test was "Could you blow a candle out while wearing X?" and I could blow one out with the Buff, even doubled over, but not the double cotton layer in a mask made by family members.

I always have one or two Buffs with me, usually for sweat, but I can see wearing one around my neck and pulling it up ala neck gaiter style...

Tim

Buffs are neck gaiters...? I've posted several links to studies of neck gaiters. When doubled up they are over 90% effective and more effective than the CDC recommended no sew fabric masks.

 

[NHClimber]

Yikes campers, don't do this!

Here's a video from the front lines of the mask wars.

Is that Mount Watatic where the battle is taking place?

Heard about this. Apparently the guy was upset that the others at summit weren’t wearing masks so he took his off and started yelling at these people that he had covid. This is just hearsay by me though.

 

[Salty]

He isn't spreading "information". He's stating his opinion, to which he is entitled. As are we all.

The quote: "Its a placebo to placate the masses into thinking they are doing "something" effective. "

Which is not stated as an opinion (in my opinion ).

 

[Salty]

Here is the actual order: https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-74.pdf

There is no enforcement mechanism on individuals; fines are left to the municipalities and other governing bodies. Moreover, clause 6 states, "A person who declines to wear a mask or cloth face covering because of a medical or developmental issue, or difficulty breathing, shall not be required to produce documentation, or other evidence, verifying the condition."


The reality is, this was likely put in place for PR purposes. If you live and go about your business in New Hampshire, you will have found that masks have been required in most places for months. Cases have subsequently surged, as they have an adjacent states that already had formal state-wide mask mandates.

I agree on PR and useless, exactly because of that exemption pointed out which allows anybody to just say "screw it."

"This just in! Asthma and COPD claims skyrocket in NH!"

 

[Mike P.]

Why are we keeping shirts on in stores or shoes? Shirts aren't even a health issue. Shoes are for your own good and any liability the store may have if they or another guest has broken glass or dropped some other type of sharp object on the floor.

Were the shirt laws tried in court on their constitutionality? What needs to happen is politicians need to grow a spine and not be afraid of what someone might say on twitter of FB. In these times, I am being better and probably healthier to myself and fellow people wearing a mask than wearing a shirt. Pass a law, make people show proof of a condition and make law enforcement enforce it. Please show me where the right to bare face is in the Constitution.

 

[rocket21]

As those who have been following the numbers know, there has been a surge in COVID-19 cases in the Dakotas this fall.

The governor of North Dakota decided to implement restrictions and a mask mandate earlier this month, while the governor of South Dakota has refused. Their COVID-19 case numbers continue to follow roughly the same trajectory, suggesting these state-wide mandates have little impact.

Should be interesting to look at the New Hampshire numbers in a few weeks.