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ALBANY – Governor Cuomo has issued an Executive Order requiring all people in New York to wear a mask or a face covering when out in public and in situations where social distancing cannot be maintained, such as on public transportation.
The Executive Order will go into effect at 8 p.m. today.
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The Governor of a State does not have the authority to direct citizens to do anything via Executive Orders. Executive Orders are orders from the Chief Executive to the Executive Branch.
202.17 states “Effective at 8 p.m. on Friday, April 17, 2020 any individual who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance”…That certainly doesn’t mean every time you are amongst the public. “and unable to maintain social distancing” are the key words there.
Ah, so it’s ok to accept SOME government oppression, as long as it isn’t ‘total oppression’, is that how it works?
The Governor does NOT have the power to make citizens do anything, much less through Executive Orders. He could write an EO that mandates that all New Yorkers are to only eat Nathan’s hotdogs, it would have the same level of validity and enforceability, namely none.
There is no provision in the US Constitution that authorizes elected officials from directly mandating citizens to do anything that violates their rights. Freedom of Assembly is specifically enumerated, as is Freedom to Worship and Freedom to Grieve our Government.
This EO is unconstitutional and cannot be enforced legally.