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Law360 (July 1, 2020, 10:30 PM EDT) -- A group of Palm Beach residents said the county is stomping on their constitutional rights by forcing them to "submit to dangerous medical treatments" and "wear harmful medical devices like masks" amid the coronavirus pandemic, according to a lawsuit filed in Florida state court.
Palm Beach began issuing emergency orders last month requiring residents and visitors to the county to wear face coverings when in public, but according to the complaint filed on Tuesday by Josie Machovec, Carl Holme, Rachel Eade and Robert Spreitzer, masks aren't actually effective against COVID-19 and the mandate infringes peoples' constitutionally protected rights.
"Medical recommendations and treatments cannot be mandated by healthcare providers, as well as state or local governments, because the law in Florida is clear: Every person has the right 'to be let alone and free from government intrusion into the person's private life,'" the residents said.
The residents' suit alleges that there is no evidence that masks prevent or slow the spread of any disease, including the novel coronavirus, and that masks can cause headaches and reduce blood oxygen levels.
The World Health Organization advises that masks can be used in conjunction with other strategies, such as social distancing and hand-washing, to protect against the virus. The organization said medical masks can protect people from getting infected, as well as preventing those who have symptoms from spreading the illness.
WHO says that medical masks can be uncomfortable, but the prolonged use of such masks does not cause carbon dioxide intoxication or oxygen deficiency.
While WHO says nonmedical, fabric masks are not as effective as medical or surgical masks, the organization still recommends people wear them in areas of widespread transmission, where social distancing of at least six feet is not possible, such as on public transportation.
As coronavirus cases soared in Florida, on June 23, the Palm Beach County government approved an order requiring people to wear face masks while in public. The order comes on the heels of other local and state governments, including California, Oregon, New York, St. Louis and Knox County, Tennessee.
Following the unanimous vote for a mask mandate in Palm Beach County, residents erupted in anger, with videos of the government meeting widely shared across social media. One woman called it "a crime against humanity" and that the mandate would amount to the "devil's law," while another woman said the commissioners want to "throw God's wonderful breathing system out the door."
In their suit on Tuesday, the Palm Beach residents echoed those comments, arguing that the county has no authority to force anyone to wear facial coverings.
"There simply exists no authority for Palm Beach County to impose such an arbitrary and utterly unconstitutional and unlawful mandate," the residents said. "Shockingly, non-compliance with the [county]'s unlawful order will result in either a $250 or $500 fine."
The residents said the order is in direct conflict with the White House "Guidelines for Opening Up America Again," which provides proposed criteria for when state and local governments should ease stay-at-home orders and urges individuals to wash their hands and "strongly consider" wearing a face mask while in public.
None of Florida Gov. Ron DeSantis' executive orders have required state residents to wear facial coverings, the residents pointed out. Palm Beach is being too restrictive and making unconstitutional requirements, they said.
"[Palm Beach] has not and cannot demonstrate facial coverings are prudent and necessary to ensure health, safety and welfare," according to the complaint. "In fact, facial coverings do not ensure health, safety or welfare, but rather cause serious harm and even death, in addition to civil unrest, conflict and division, as well as widespread discrimination."
The suit seeks declaratory judgments against the county of lack of authority, violation of basic rights, violation of right to due process, violation of right to privacy and bodily autonomy, violation of equal protection, violation of freedom of speech, as well as a permanent injunction barring the county from enforcing the mask order.
Representatives for the parties did not immediately respond to requests for comment.
The residents are represented by Louis Leo IV, Joel Medgebow, Melissa Martz and Cory C. Strolla of the Florida Civil Rights Coalition PLLC.
Counsel information for Palm Beach County was not immediately available.
The suit is Josie Machovec et al. v. Palm Beach County, case number 2020CA006920, in the Circuit Court of the Fifteenth Judicial Circuit for Palm Beach County, Florida.
--Editing by Nicole Bleier.
For a reprint of this article, please contact reprints@law360.com.
