Four Palm Beach County residents have sued the county to force a repeal of the rule requiring that masks be worn in public places.
They say that being forced to wear masks infringes on their constitutional rights to free speech and privacy, but lawyers and legal experts say the government has a duty to protect people’s health and safety.
The suit is the latest pushback against local governments’ efforts to stop or slow the spread of the coronavirus, as Florida reported a record number of cases in the past week.
Josie Machovec, Carl Holme, Rachel Eade and Robert Spreitzer filed a lawsuit in Palm Beach County Court on Tuesday, alleging the county’s order requiring masks in many public places violates their rights. The lawsuit calls masks “harmful medical devices” with “well-known risks and potential for serious injury and death.”
It names Palm Beach County and its mayor and county commissioners as defendants.
The four residents are being represented by Pompano Beach attorney Louis Leo IV, who could not be reached for comment by phone or email. He has, however, spoken at past Palm Beach County Commission meetings in opposition to shutdowns and masks.
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Lawsuit against Palm Beach County mask mandate (PDF)
Lawsuit against Palm Beach County mask mandate (Text)
“I do not presently know anyone who has suffered or died from contracting coronavirus,” he said May 5 at a commission meeting. “However, I do know many who are suffering from losing jobs, isolation, depression, divorce and CDC recommendations that have become unconstitutional mandates. Our friends and family are now unable to enjoy life and pursue happiness.”
Mask requirements are seeing challenges, both physical and legal, in businesses and courts. Stores, restaurants and other businesses have seen fights break out across the country when customers defy mask requirements.
A spokesperson for Palm Beach County did not respond to request for comment.
This is at least the second lawsuit in South Florida over mask requirements. One Miami resident sued Miami-Dade County over its order, calling the requirement “radical,” the Miami Herald reported.
Some lawyers, however, say the lawsuits have no standing and the government does have the right to pass laws in the interest of public health and safety.
“Any state government, through the 10th Amendment, can make a law for which its constitutionality is questioned if there is a ‘rational relation to a legitimate state interest,'” said Malik Leigh, an attorney and former law teacher. “In this case, the state has an interest in public safety during a pandemic. Bill of Rights freedoms are often denied so long as there exists a legitimate reason.”
Government limitations on freedom in the interest of safety and health already exist, such as the minimum drinking age, fire codes and speed limits.
Leigh said: “A person cannot run a red light because they want to express themselves through speed.”
Austen Erblat can be reached at aerblat@sunsentinel.com, 954-599-8709 or on Twitter @AustenErblat.
