This post is NOT debating, opposing, or supporting the mask mandate so please no @‘s in that regard. Rather, I’ve been trying get my head wrapped around the legal parameters with this current issue and potential future matters. Just sharing what I researched. Hope it’s helpful.

Recent decision in the U.S. District Court for the ND of New York. (Pursuasive not controlling authority). Ass’n of Jewish Camp Operators v. Cuomo. Opinion issued July 6, 2020.

Plaintiffs sued the governor to enjoin the state from prohibiting overnight camps under virus concerns. I won’t get into all of it here but plaintiff’s made several Constitutional arguments.

From this case and a few others I have read the foundational case that courts turn to for authority is Jacobson v. Massachusetts US Supreme Court 1905. I’m going to snapshot a few of the references to it so you can read for yourself.

Under Jacobson, the first part of the analysis is the “real or substantial relation” test. “A state may implement emergency measures that curtail constitutional rights so long as the measures have at least some real or substantial relation to the public health crisis.”

The second part of the test is whether the restraints “are not beyond all question, a plain, palpable invasion of rights secured by the fundamental law.”

Side note: I welcomed this “reasonable disagreement” statement below.