Answer Man: In mask mandate, what’s the meaning of ‘First Amendment rights?’ – Citizen Times

Video: Buncombe County school board meeting sees anti-mask protesters

Buncombe County resident Stephanie Parsons protests during a meeting with the Buncombe County Board of Education on Thursday, August 5, 2021.

Maya Carter, Asheville Citizen Times

Todays batch of burning questions, my smart-aleck answers and the real deal:

Question:In Buncombe County's recent mask mandate order and the city's, too it gives an exemption for First Amendment rights. What does that mean? It seems kind of nebulous...

My answer: Who doesn't like a nice splash of nebulousness in their mask mandate? I just wish they would've added some language along the lines of, "The mandate also does not apply to those wishing to remain in touch with their inner child, hoping not to inhibit the free flow of chi or just wanting to ride free and not be hassled by the man."

Real answer: The county and city recently did pass mask mandates for public places. The city order essentially mirrored the county's, which did offer mask exemptions for several activities. It reads:

Worship, religious, and spiritual gatherings, funeral ceremonies, wedding ceremonies, and other activities constituting the exercise of First Amendment rights are exempt from all the requirements of this order.

More: Protesters object to Buncombe County Schools' mask mandate, attempt to 'overthrow' board

This being the land of the free, I can see where some folks, whether they're customers, employees, or just folks trying to ditch the mask because it "inhibits their free speech," may try to take advantage here. The mandate is meant to be pretty narrow, though.

"This language is straight out of language used in the Governor's Executive Orders," Buncombe County spokeswoman Lillian Govus said via email. "The language in the Executive Orders speaks primarily to mass gatherings, and specifically exempts fundamental First Amendment rights. The U.S. District Court essentially held that the state cannot restrict religious gatherings of 10 or more people."

More: Asheville City Schools clarifies COVID-19 protocols ahead of first day of school

The county's new order "simply requires face covering in public spaces and does not prohibit or define gatherings," Govus said. It implements public health officials' recommendation to require people to wear face coverings indoors in public in communities with substantial or high transmission.

Buncombe County, like many other counties nationwide, has seen COVID-19 cases surge in recent weeks as the delta variant spreads.Health officials told county leaders last week the rate of COVID-19 infections have increased six-fold, or 500% in a month's time.

In mid-July, the county was seeing 34 cases per 100,000. Last week the number had skyrocketed to 261 per 100,000, a rise attributed tothe coronavirus' highly contagious delta variant, which some data showcauses more severe illness than earlier strains.

TheCDC also strongly encourages social distancing again.

"When preparing the order, we felt it was important to clearly indicate that there is no intention to abridge the First Amendment rights of persons by implementing this new local order requiring face coverings in public spaces," Govus said.

By way of review, here's what the First Amendment says: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

For Asheville, City AttorneyBrad Branham responded, first noting the city wanted to maintain consistency with the county by mirroring the county directives. The First Amendment exception "is intended to be very limited in nature," Branham said.

The city believes strongly in the need for the most recent mask mandate, but while also safeguarding the constitutional rights of our residents and visitors," Branham said via email. "We do not consider the mere act of mandatorily wearing a mask to infringe upon a persons freedom of speech.Therefore, this exception would be limited to circumstances in which a person was prevented from fully exercising their free speech rights because of the mask.

I can imagine anti-maskers trying to fall back on all sorts of "free speech" arguments to shed their masks, but Branham said the exemptionis meant to be very narrow in scope.

"We can envision very few, if any, circumstances in which this would arise, but wanted to ensure that recognition of personal freedoms be included in the document," Branham said. "To reiterate, this language should absolutely not be read to mean that disagreement with the mask mandate gives someone the right to refuse to wear a mask under the guise of the First Amendment.

Judging by the lack of masks I saw at the Arden Walmart Saturday evening, I'd say folks are doing just fine in finding plenty of ways around the mask mandate. I suspect most folks would just claim a "medical exemption," if asked.

But honestly, I don't think stores, restaurants, bars or other establishments really want to fight the mask fight anymore. I'm still wearing a mask indoors, because it's the right thing to do to beat down the delta variant, but I'm probably in the minority these days.

It's a sad statement about society, folks. For nearly all of us, wearing a mask is a minor inconvenience.

Please, just do it.

This is the opinion of John Boyle. To submit a question, contact him at 232-5847 or jboyle@citizen-times.com

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Answer Man: In mask mandate, what's the meaning of 'First Amendment rights?' - Citizen Times