Can you be arrested in Florida for wearing a mask?

[CaptainKrunch]

I'm sure that question has been asked because in Florida you are required to wear a crash helmet while riding a motorcycle, which contradicts the law you posted.
316.211 Equipment for motorcycle and moped riders.—
(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.

I have a car not a motorcycle however I have read that motorcycle riders have been arrested using anti-mask laws for things as simple as wearing things to keep their face warm/bugs out of their mouth.

According to wikipedia

"
United States[edit]
There are anti-mask laws in many U.S. states and the District of Columbia.[1]

• New York State's anti-mask law was enacted in 1845, to provide for public safety after disputes between landlords and tenants.[2]
• Many anti-mask laws date back to the mid-20th century, when states and municipalities passed them to stop the violent activities of the Ku Klux Klan, whose members typically wore hoods of white linen to conceal their identities.[3][4]
• In the 21st century those laws have been applied to political protesters such as those affiliated with the Occupy Movement or Anonymous – wearing Guy Fawkes masks.[5][6][7][8]
• In some areas motorcyclists have been arrested using anti-masking laws.[9]

"

 

[quincy]

I thought you were asking about Florida laws?

Most states have an intent element in their mask laws.

It is legal to purchase and wear masks for all sorts of reasons (e.g., construction, allergies, illness, the list goes on). It is also illegal to wear masks for various and assorted reasons.

The reason behind the wearing of a mask matters.

 

[CaptainKrunch]

I think the original question was probably spawned by current online discussions on Facebook and Twitter and other social media sites that have been questioning the legality of wearing face masks, with some online geniuses saying that you shouldn’t wear face masks because you could be arrested for violating the law - which, of course, is not true.

I am talking from seeing many arrest on the news due for wearing a mask.

[video removed]

Cops arrested this man and thew him in jail for the sole act of wearing a mask using anti-making laws.

Cops in Florida also arrested a man for wearing mask.

Also, 2 black men were kicked out of walmart by a uniformed cop for wearing surgical mask.

So there is precedent and history to people being arrested for wearing a mask.

If a cop is looking for any excuse to cause you trouble, they could easily use the anti-masking law to target someone.

Also in a catch 22 situation, they could in fact arrest you for both having a mask and not having a mask.

As the saying goes " Show me the man and I'll show you the crime."

This is very uncertain legal ground unless the anti-masking laws are repealed or even temporary suspended on the books.

 

[quincy]

I am talking from seeing many arrest on the news due for wearing a mask.

[video removed]

Cops arrested this man and thew him in jail for the sole act of wearing a mask using anti-making laws.

Cops in Florida also arrested a man for wearing mask.

Also, 2 black men were kicked out of walmart by a uniformed cop for wearing surgical mask.

So there is precedent and history to people being arrested for wearing a mask.

If a cop is looking for any excuse to cause you trouble, they could easily use the anti-masking law to target someone.

Also in a catch 22 situation, they could in fact arrest you for both having a mask and not having a mask.

As the saying goes " Show me the man and I'll show you the crime."

This is very uncertain legal ground unless the anti-masking laws are repealed or even temporary suspended on the books.

If you either are arrested for wearing a mask or if you are arrested for not wearing a mask, the smartest action to take is to contact a lawyer.

 

[Taxing Matters]

This is very uncertain legal ground unless the anti-masking laws are repealed or even temporary suspended on the books.

Not really. As I pointed out earlier, the courts will interpret conflicting laws to resolve the conflict based on established rules of construction. A person will not be in a situation where he is both found guilty of wearing a mask and not wearing a mask for the same incident. That is not to say that some cops who are not well versed in the various laws relating to masks might not make arrests they should not make. But the whole reason we have courts is that the cops are not the ones who judge who is guilty.

 

[quincy]

And again, the REASON for wearing a face mask matters.

Even during a pandemic, wearing a full face ski mask into a bank is not going to be a good idea.

 

[BuyLowSellHigh]

Walmart is a private business. Walmart can make up the rules of what customers are allowed to do inside their stores. They may hire police officers to enforce their rules.

 

[quincy]

Walmart is a private business. Walmart can make up the rules of what customers are allowed to do inside their stores. They may hire police officers to enforce their rules.

Today the rules for private businesses in most states are more apt to be that customers are required to wear masks rather than not wear them - although in Michigan, the enforcement of that rule by employees has proved to be deadly.

The “no shirt, no shoes, no service” rule that has been posted for years at many establishments has certainly not led to the type of “give me liberty” protests that the face mask (“protect your life and the lives of others”) rule has.

It appears that politics has played a significant role in the protests over mask-wearing. Common sense sure isn’t playing a role.