Read on Twitter
Several Wichita bars sue over county's COVID order, claim masks are a "political symbol," that curfews violate their right to due process, and mass gathering limits violate their right to protest the government.
Their protest was a pub crawl. https://www.kansas.com/news/local/crime/article247670670.html
Their protest was a pub crawl. https://www.kansas.com/news/local/crime/article247670670.html
There are long lists of parties to the federal court case, called Blu Nightclub et al v. Whipple et al.
The lawsuit misspelled Dr. Minns as "Mims," misspelled Councilwoman Claycomb as "Clayson," and called the health director the "animal control director" https://www.kansas.com/news/local/crime/article247670670.html
The lawsuit misspelled Dr. Minns as "Mims," misspelled Councilwoman Claycomb as "Clayson," and called the health director the "animal control director" https://www.kansas.com/news/local/crime/article247670670.html
The suit is partially crowd-funded by “Unmask the Truths,” a Facebook and web-based group of mask opponents raising money to pay lawyer David Miller to challenge the county and city mandates on constitutional grounds. https://www.kansas.com/news/local/crime/article247670670.html
Unmask the Truth Organization’s website includes a link to debunked COVID-19 misinformation on COVID-19 deaths, a link to a YouTube video that has been removed for violating the terms of service, and the QAnon acronym “WWG1WGA.” https://www.kansas.com/news/local/crime/article247670670.html
The lawsuit is filled with claims that “the legitimate medical and scientific evidence” shows masks “do nothing to stop the spread of COVID-19.” https://www.kansas.com/news/local/crime/article247670670.html
It cites a study saying:
“We did not find evidence that surgical-type face masks are effective in reducing laboratory-confirmed influenza transmission, either when worn by infected persons (source control) or by persons in the general community to reduce their susceptibility.”
“We did not find evidence that surgical-type face masks are effective in reducing laboratory-confirmed influenza transmission, either when worn by infected persons (source control) or by persons in the general community to reduce their susceptibility.”
The lawsuit leaves out the next sentence of the study, which was published in May:
“However, as with hand hygiene, face masks might be able to reduce the transmission of other infections and therefore have value in an influenza pandemic when healthcare resources are stretched.”
“However, as with hand hygiene, face masks might be able to reduce the transmission of other infections and therefore have value in an influenza pandemic when healthcare resources are stretched.”
In another example, the lawsuit cited a World Health Organization document where the WHO said in June that they don't have evidence that masking healthy people would prevent infections.
Still, the WHO recommended wearing masks in the same document.
Still, the WHO recommended wearing masks in the same document.
The December update to that WHO document said there is now limited evidence that masks work. The WHO continues to recommend wearing masks. https://www.kansas.com/news/local/crime/article247670670.html
The lawsuit also cited to authors of an Oxford review of masks. Those same authors had one of their articles labeled "false information by Facebook." https://www.kansas.com/news/local/crime/article247670670.html
An Oklahoma doctor cited by the lawsuit has been barred by a judge from being an expert witness on the coronavirus in a Connecticut lawsuit because as an eye doctor, he is not qualified to speak on infectious diseases. He had claimed masks are harmful. https://www.kansas.com/news/local/crime/article247670670.html
The lawsuit cites a Japanese study that found cloth masks “offer zero protection against coronavirus.” But the researcher also said "such masks do prevent the wearer from spreading droplets by coughing, and also help to stop people touching their noses and mouths."
The lawsuit argues that masks are medical devices (citing FDA guidance), and thus a mask mandate is the equivalent of government-mandated medical treatment against the patient's consent. https://www.kansas.com/news/local/crime/article247670670.html
“The mask mandate presumes that all citizens are diseased unless proven healthy, and is forcing every citizen of Sedgwick County … to submit to government ordered medical treatment without the citizen’s consent.” https://www.kansas.com/news/local/crime/article247670670.html
Arguing that wearing masks is political, the lawsuit alleges that the mandate compels people to convey a message they disagree with, under threat of criminal prosecution.
“A face mask has become a symbol of an attempt by the government to gain control of its citizenry. ...
“A face mask has become a symbol of an attempt by the government to gain control of its citizenry. ...
"... Forcing them to wear face masks is forcing them to convey a message with which they disagree. Because a mask has become a political symbol during this current and highly politicized pandemic, the wearing of a mask is a form of symbolic speech.” https://www.kansas.com/news/local/crime/article247670670.html
In challenging the limits on mass gatherings, the lawsuit argues that the right to protest and peaceably assemble is protected by the Constitution, but such gatherings are criminalized by the health order. They further suggest going to a bar is a form of protected protesting.
In challenging the bar curfew, the lawsuit claims the businesses had their rights to due process violated. It cited a Pennsylvania case that dealt with the complete closure of businesses during the pandemic, not curfews. https://www.kansas.com/news/local/crime/article247670670.html
This due process claim is also an important part to the Lawrence bar curfew lawsuit. While courts have split on the issues surrounding due process during COVID, the federal judge in the Lawrence case has denied a motion for a preliminary injunction. https://www.kansascity.com/article246397720.html
One Twitter thread or news story can't get all the detail that's in this 58-page lawsuit challenging Sedgwick County's health order.
If you have PACER, the filing is here: https://ecf.ksd.uscourts.gov/doc1/07915815322
If you don't, KSN has the pdf here: https://www.ksn.com/wp-content/uploads/sites/13/2020/11/petition.pdf
If you have PACER, the filing is here: https://ecf.ksd.uscourts.gov/doc1/07915815322
If you don't, KSN has the pdf here: https://www.ksn.com/wp-content/uploads/sites/13/2020/11/petition.pdf
