Hixson, TN asked in Business Law for Tennessee

Q: My mayor in Chatt, TN just mandated masks on everyone when in businesses with penalty of $50 or 30 days in jail! Advice?

Just wondering what I can do to combat this insane unlawful tyranny. Thanks for the webpage and help.

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1 Lawyer Answer
Mr. James Charles Wright
Mr. James Charles Wright
  • Knoxville, TN
  • Licensed in Tennessee

A: Can a government in a time of emergency - without declaring martial law order all citizens to wear a mask? I haven't seen a case on this. Emergency powers are pretty broad by statute. Is the statute constitutional? Or is the law overly broad? As to what you can do- you would need to hire a lawyer or file a pro se case against the Mayor/ the City claiming a violation of your constitutional rights. I am not saying there is a violation one way or the other- haven't researched the issue.

At the same time if it helps - a little or keeps one person from getting sick - then it doesn't seem to hurt to put on a mask in public. I am with you - I don't like the idea of a fine or go to jail - maybe a warning the first couple of times-And the masks are uncomfortable- But we seem to be all in this together - and no one seems to know clearly what to do. I realize it may be or may not be tyranny- but if it saves a life then let's try.

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