On July 25th, 2020 you ordered a statewide mask mandate.
Minnesota State Law statute 609.735 states “A person whose identity is concealed by the person in a public place by means of a robe, mask, or other disguise, unless based on religious beliefs or incidental to amusement, entertainment, protection from weather, or medical treatment, is guilty of a misdemeanor.”
Medical treatment means examination and treatment by a Legally Qualified Physician for a condition which first manifested itself, worsened or became acute or had symptoms which would have prompted a reasonable person to seek diagnosis, care or treatment.
Your mask mandate is in conflict with Minnesota state law unless a doctor has diagnosed a person with COVID-19 and the mask is considered treatment for it. You are advocating for every healthy, undiagnosed Minnesotan to commit a misdemeanor on the daily basis.
“While ‘administrative agencies may adopt regulations to implement or make specific the language of a statute, they cannot adopt a conflicting rule.'” – Hirsch v. Bartley-Lindsay Co., 537 NW 2d 480 (Minn:1995)
Attorney Thomas Gallagher in Minneapolis summarizes it best here –
On July 25th, 2020, you issued an illegal mask mandate. On that day, Minnesota had 803 new COVID-19 cases. Yesterday, October 29th, 2020, 97 days later, there are 2867 new cases in the state. That’s over 3 and a half times the number of cases! What about non-medical cloth masks makes you believe they are helping?
The CDC did a study among COVID-19 positive test subjects and over 70% of the respondents said they wear their mask “always”. 70% of the people surveyed that were POSITIVE for COVID-19 said THEY ALWAYS WEAR THEIR MASK. Do you not see that your mandate is giving people false security? Someone that can blow a candle out through their “mask” is not protecting themselves or someone else from a microscopic disease.
The Minnesota Department of Health has issued (and you’ve repeated) a limit to public gatherings of at most 250 people. Governor Walz, HAVE YOU EVER READ THE CONSITUTION OF THE UNITED STATES OF AMERICA? You are in direct violation of it. The First Amendment to the Constitution 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.”
You have no right to limit the amount of Americans that gather peaceably. Though, you did NOTHING for days as you allowed mobs of thousands of people to gather in your city streets and some of them looted and burned down buildings.
You have no right to limit the amount of Americans in a church building. Your limits are unconstitutional.
You took an oath of office and swore to defend the Constitution. You are doing the opposite. You have taken away the rights of free Americans in the name of “health and safety” and THE NUMBER OF SICK HAS MORE THAN TRIPLED under your care!
I AM DONE WITH YOU. IF THE FOUNDING FATHERS WERE HERE YOU WOULD SWING FROM THE GALLOWS. I am leaving your damned state in November and I will not be back as long as King Timothy reigns.
May you and your massive forehead live a long, miserable life – looks like you’re on your way. I have every right to overthrow your oppression but I choose to flee it as our founding fathers fled their king. But if you come for me, I warn you, you will meet the same fate as their oppressors.