Hillsborough County, President Trump, Florida discussed on PM Tampa Bay with Ryan Gorman
With me this evening, Felix Vega and James Berland er on the board time now to talk about a lawsuit filed over the Hillsborough County Facemask Ordinance. Felix, You were looking into this lawsuit. What Is the purpose of this lawsuit. What are they alleging that Hillsborough County did that They shouldn't have done that. They should not have enacted the face covering ordnance to begin with. It's unconstitutional. For several reasons. This was filed by a state representative Anthony Sabbatini, who was a lawyer out of Lake County on Let me just say real quick on that note. He is one of if not the worst state representative. In the entire state of Florida. Okay. I just wanted to point that out, OK for people who aren't familiar with him, talked about Ah, bomb thrower and an extremist again one of the worst state representatives in the entire state. And it's no surprise that he's behind something. Like this Well in any event back to the law, part of this. He filed this on behalf of Hillsborough County Man named Eric Gagne in who lives in Plant City. He's the owner of the Land of Delight Natural farm. He claims in the lawsuit that he cannot where a facemask youto asthmatic Medical conditions, and what they did is a kind of breakthrough are breakdown. The different stages of everything we went through this forest reopening there was the guidelines set up for it by the president back in April, then the governor's guidelines were set forth at the end of April for the face re opening, and basically that, although the CDC and the White House for commended Face coverings. They were not ordered, and therefore Hillsborough County should not have the authority to order it on their own. So so now, it's only if it's only if the federal government the president is the governor. So that's about it. Interesting. Yeah, so what he lays out there's about four different arguments he makes in terms of The constitutional arguments. Both most of them from the state of Florida is Constitution one. It violates the privacy clause, saying that quote this is a quote from the lawsuit itself. He calling it a radical infringement of the reasonable and legitimate expectation of privacy. Most Floridians expect to have over their own bodily and facial autonomy in addition to medical privacy. Do you have to wear pants when you go to the store? Yes, yes, and shoes. Yep. Got it. Alright. Let's toss that one out yet next and so on. And one of the things I wanted touch on this one I really did buy into because the medical privacy thing the counties that have enacted this have said Hey, If someone says you can't wear a mask for medical reasons, you take them at their word. That's how they like that issues. Not this whole, he calls. You know this investigation has to be done. There's required by any visitor price. Right? Well, that's why I'm quoting In the lawsuit. The next one is it's no person should be deprived of life, liberty or property without due process. This one is basically arguments, saying that the were already done what we needed to deal. With the mask wearing and the mass requiring terms of flattening the curve early on. What kind of ignoring the fact that we have this now? Whole new surge in the growing virus, and that's why it was put in place. It's worse now here in the state of Florida than it was in the beginning. Yes, OK one. The other reasons, he says, is that it's vague. It doesn't completely defined social distancing, and it creates a lot of confusion, which it has created confusion in terms of the businesses, locations and in terms of like that, they've done their best to you like we're talking about in the last half hour about the business owners what responsibilities they have. And then this random argument about the fact that there's an exemption for public safety, fire officials and other life. It's safety and health care personnel, saying that they don't have to wear a fake traditional face mask when they're doing their jobs. Because it would interfere with their jobs Number one, but then number two. He's saying it's not fair to exempt them completely, because the way that the orders written is that if you're a police officer, you wouldn't have to wear a mask anywhere. Even if you were shopping at a grocery store on your own, and says that that's not fair to the general public because you're giving them special protections. Do not wear a mask it any time which completely is not What the order mandates whatsoever, and it was just a random one that he threw. They threw in there. And then. Lastly, it's just a general argument, saying that the the emergency policy group does not have the authority under Hillsborough County Code in order to enact any sort of ordinance or policy on its own, and any policy that would result in a criminal arrest. So I don't. The governor has basically given the go ahead to local governments. Tio deal is it if they're saying that we think the only people that should be able to mandate anything like this would be the president. Or the governor. And the governor saying If the local governments want to do something like this, then go for it. Including the Republican mayor of Jacksonville, right, who just instituted a mandated facemask policy in that city Governor dances saying Go for it, So he's giving the go ahead. To do what these local governments are doing right? And that's what the argument all along is like when we didn't have the statewide stay at home order. He left it to you know, you got a lot of pushback for leaving it all to local officials on the county level in the counties like Hillsborough, Like Penelas, they took issue with the fact that they were having to clean up this mess on their own. Without a statewide order being in effect in the same thing with the reopening, he would do the parts of reopening the moves on the county to do what they felt was most comfortable for them based on their own internal situation. Now in Texas Governor. Abbott has taken power away from the local governments and hasn't been letting them make their own decisions on some of these kinds of issues, But Santa's hasn't played it that way..