COVID-19 Constitutional Law View Questions by State

Your current state is Ohio


  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Connecticut
  • Delaware
  • Georgia
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming
  • Washington DC

US Territories

  • Puerto Rico

Show More States

Lawyers, Answer Questions  & Get Points Log In
COVID-19 Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?

I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2023

Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More

3 Answers | Asked in Constitutional Law and Construction Law for California on
Q: 1st Amendment violation when courts don't make available ALL crim court hearings to out of state residents via audiofeed

My 26 year old daughter, mother of three girls, 8,6,3, was arrested in San Luis Obispo County, California April 6 for 3 felony counts of PC237 A(A), along with her boyfriend whom she shares the youngest child. I am her mother, and I live and work full-time in Alaska. I hold a Bachelor of Science... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

It is possible that the court's decision to not make available all criminal court hearings to out of state residents via audio feed could be a violation of the First Amendment. The First Amendment protects the right to freedom of speech, which includes the right to attend public hearings. If... View More

View More Answers

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: is it true that you have to be inditied before able to get a speedy trial for a felony

I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2021

It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Where can I find an attorney that will take a prisoners rights case that contains deliberate indifference?

The incident involves State prison and correctional health executives transferring over 100 prisoners from a Covid19 Hotspot to another facility that had no Covid19 cases. I was among those at the receiving facility who then became ill as a result of that transfer. The executives acted with... View More

Louis George Fazzi
Louis George Fazzi
answered on Apr 10, 2021

You can find many good law firms in and around Oakland and San Francisco who are experts in civil rights cases of the kind you describe. It seems you already have developed a good bit of evidence to support your case. I suggest you prepare a chronology of the events, if you haven't already... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for California on
Q: Is there any legal standing for harassment protection from being forced to wear a face mask as condition of employment?

I am being forced to wear a mask at my desk. I already got covid and recovered in a couple of days.

Louis George Fazzi
Louis George Fazzi
answered on Feb 23, 2021

The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting... View More

1 Answer | Asked in Employment Law and Constitutional Law for Ohio on
Q: Can a private company mandate the new covid vaccine without full FDA approval?

company is threatening to fire employees if they do not get the new covid vaccinations

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 20, 2021

Generally, the answer to this question is yes. Employers can require their employees to received COVID-19 vaccinations. However, if you have a medical condition that renders you unable to receive the vaccine, or you have a religious objection to receiving the vaccine, you may be entitled to an... View More

1 Answer | Asked in Constitutional Law, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Since i wont date my landlord he has put my house for sale I pay my rent on time, what can I do?

I have been living there for five years,each of those years I've had to deal with him popping up and bringing me gifts,showing up walking around the windows,and just walking in saying he had to drop something off.I have always laughed him off, told him I did not feel comfortable but he... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 15, 2020

There are two issues raised in your question.

The first is the Landlord coming into your apartment uninvited and harassing you generally. Wheteher you have a written or oral lease you are entitled to quiet enjoyment. The landlord is breaching this provision of the lease.As such, you may...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: I believe I have been discriminated against and there has been disparity in treatment against my as a member of Kaiser.

My (minor) daughter had a procedure in the Surgery Department of Kaiser Permanente. My wife and I were both present. I was told (during sign in) that only 1 parent would be allowed to be with the child/patient due to COVID restrictions. To which I replied, that I understood (which Is also written... View More

William John Light
William John Light
answered on Nov 12, 2020

I do not see a claim for discrimination. These protocols are applied to all of us. I, too, have had to wait outside the medical facility for my family member.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Missouri on
Q: I showed up to court for a speeding ticket and was told the ticket wasn't in the system yet. Can I get it dismissed?

They blamed Covid, but there was no notification and I missed work to be at court. I disagree with the ticket and now will need to take more time off whenever the ticket is entered and they set a new date. Am I guaranteed a speedy trial and if so, can I get this ticket dismissed. Had I missed... View More

Andrea Rogers
Andrea Rogers
answered on Oct 16, 2020

No, you can't get your ticket dismissed based on what you have stated. If you had missed the court date, the court would have mailed a letter to you to remind you that you missed your court date and would have re-set your court date on a future date. If the Prosecutor hasn't filed the... View More

2 Answers | Asked in Constitutional Law for Ohio on
Q: Does a person a right to conceal their face in public?

Masks have become very popular recently. Many states require their use in all public buildings. Many have questioned whether requiring a person to wear a mask is Constitutional. I think that is asking the question precisely BACKWARDS. I think "Does a person have a right to conceal their... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2020

That's a good question. Before the pandemic, concealment was a greater concern than public safety. But priorities have shifted, where the concern is more about the protecting the health of the public than of the risk of a robber concealing their identity. Constitutionally, laws can be subject... View More

View More Answers

3 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can I sue a grocery store for harassment and discrimination for not wearing a mask?

I, and a friend, were harassed and discriminated against by two employees for not wearing a mask while shopping at a local grocery store. I can't afford to hire an attorney, so I'll have to go pro per. Are there any cases for a similar lawsuit? Thanks.

Maurice Mandel II
Maurice Mandel II
answered on Jul 30, 2020

The law, in the form of Executive Orders by the California Governor, makes it UNLAWFUL for you to refuse to wear a mask when going in public or into grocery stores. So you want to sue the store because they did not want you to break the law in the store.

Well, Sorry to tell you, they...
View More

View More Answers

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Is it typically positive for a defendant if the court lowers their bail without them asking?

Is it typically positive (in terms of a defendant's case) for a defendant if the court lowers their bail without them asking? For example, if a bail on a charge of misdemeanor theft enhanced to a SJF or another SJF crime goes from $3,000 to $750, notwithstanding covid-19.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 28, 2020

It is typically better to be OUT of jail than in jail so making it easier to get out is generally positive. A person is less likely to accept a bad plea deal when they are out of jail.

However, if they are trying to push people out faster because the jail is full of COVID well that's...
View More

2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for California on
Q: Can a customer with a disability enter a store in Orange County CA without a mask?

The store has a face requirement sign outside, provides curbside pick up at no extra cost and delivery via instacart, and allows scarfs/face shields or thin cloth like scarfs.

Also, would not allowing entry (however still offering service through curbside pickup or delivery) be considered... View More

Louis George Fazzi
Louis George Fazzi
answered on Jul 25, 2020

The store can require you to wear a mask if you want to shop inside the store. It is a state requirement that everyone must wear a mask if you want to go inside any store which remains open for business in California. Last I checked, Orange County was still part of California. The governor has... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: What can you be charged with if you do not wear mask per the June 18/20 CDPH Guidance on "must wear face coverings"?

The California Department of Public Health issued a GUIDANCE on June 18/20 stating that "People in California must wear face coverings..."

- Is a GUIDANCE the same and an Order or a Law?

- Can police enforce this guidance?

- What can you be charged with if you do not choose to wear a mask?

Maurice Mandel II
Maurice Mandel II
answered on Jun 20, 2020

The new orders issued yesterday and today from the Office of the Governor now create a state-wide mandate for the use of masks in public places. This means if you are over 2 years old (because if you are under 2 you cannot read the Order) you have to wear a face mask, waiting in line to enter a... View More

1 Answer | Asked in Contracts, Employment Law, Constitutional Law and Employment Discrimination for Texas on
Q: Discrimination during COVID 19 and sexual harassment

I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 9, 2020

It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... View More

1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can News paper censor comment I posted on the news website

I commented on a article that was related to Covid-19 there were hundreds of defamatory comments about An individual who had his grocery’s taken for not wearing a mask .my comment was simply this.

I wrote “ask-yourself how many people you come into contact with on a Daily basis.... View More

Louis George Fazzi
Louis George Fazzi
answered on May 23, 2020

Newspapers regularly decide which letters to publish. Your comments are no different than a letter to the editor. They don't have to print every letter they get, and the same goes for the comments to their articles online. The editors always have the last say on what gets published, even in... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Hey so my friend and I agreed to have a friendly boxing spar we have no hate towards each other and can we box at park?

We wanted to box at a local park and can we get in trouble from this and also we are using this for content also but mainly for a friendly boxing spar at the park can we get in trouble?

Cheryl Powell
Cheryl Powell
answered on May 21, 2020

I have never seen anyone ask for legal advice for a friendly spar. No lawyer would advise you to engage this behavior since we all know how things could escalate. Not to mention that is clearly against all covid guidelines. If your question has to do with parks and covid, that is controlled... View More

View More Answers

4 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: My sister urinated in store while paying for her groceries. Not allowed to use restroom.

Waited in line to enter store. Shopped. Needed to use restroom, but was denied access. Wrapped up her shopping because she needed to urinate. Begged employees to let her use facilities. Was advised to speak to a manager. No manager made themselves available. At check out, she begged cashier again... View More

William John Light
William John Light
answered on May 11, 2020

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

There is no suggestion that your sister suffered from some medical condition that made here incontinent. However, even if that was the case, I doubt that she has a valid...
View More

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Maryland on
Q: I need answers!!!

my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... View More

Mark Oakley
Mark Oakley
answered on May 9, 2020

It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.