Here is the actual order: https://www.governor.nh.gov/sites/g/...y-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.
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Last edited by rocket21; 11-21-2020 at 07:29 AM.
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.
NH 48 4k: 48/48; NH W48k: 48/48; ME 4k: 2/14; VT 4k: 1/5; ADK 46: 6/46; Cat 3.5k 10/35
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/fauc...9-vaccine.html
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
Bike, Hike, Ski, Sleep. Eat, Fish, Repeat.
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.
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?
Nobody told me there'd be days like these
Strange days indeed -- most peculiar, mama
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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.
Have fun & be safe
Mike P.
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.
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Last edited by rocket21; 11-26-2020 at 07:33 AM.