A conservative think tank filed a lawsuit against Democratic Gov. Kate Brown regarding her requirement that Oregonians wear masks in public because of the COVID-19 pandemic.
The Freedom Foundation, a right-wing group that strives to limit government power, asked the Oregon Court of Appeals to temporarily invalidate Brown’s orders while the court further analyzes the legality of the order. The lawsuit’s announcement came Thursday, July 23.
Brown first ordered masks to be worn indoors in seven counties on June 24 to slow the spread of the coronavirus. She then expanded the order to the entire state on July 1, extended the rule to outdoor spaces on July 15, and will begin requiring them for children five and older on Friday, July 24.
Children with a medical condition “that makes it hard to breathe” or with “a disability that prevents an individual from wearing a mask” are exempt from this rule. The Freedom Foundation is arguing that Brown and the Oregon Health Authority did not follow legal procedures in requiring masks in public indoor and outdoor spaces when physical distancing cannot occur.
Three Oregonians are listed in The Freedom Foundation’s legal challenge, each with different reasons for being against the mask mandate, including medical reasons, past psychological trauma and political beliefs.
The first complainant is Chester Mooney of Yamhill County. Mooney said he has undergone heart bypass surgery, is elderly, and stated in a signed declaration to the Appeals Court that he thinks it is unhealthy for him to wear a mask.
He wrote, “I do not believe that the mask requirement is even based on sound science and does not prevent the spread of COVID -19 but does actually physically injure me.”
The second complainant is Shannan Pozzi of Lane County, who according to the challenge submitted to the Appeals Court, is “a surviving victim of domestic abuse and attempted murder by suffocation” and is someone that struggles with “the fear of being smothered and suffocated again due to someone forcing me to wear a mask.”
In her signed declaration, Pozzi wrote, “I have been denied entrance to stores to buy food and other goods due to the new statewide mask rule.”
The third complainant is Kevin Rubio also from Lane County. Rubio doesn’t believe he can be forced to wear a mask under the law.
“I do not want to be forced to express approval for the governor nor wear a mask covering my face and hiding who I am when there is no need for me to contain any virus,” Rubio wrote in his signed declaration.
A Freedom Foundation spokeswoman, Ashley Varner, says that the organization also believes the governor needs the Legislature’s approval when setting forth mask orders while in a state of emergency, as reported by Oregon Live.
A spokesman for Brown, Charles Boyle countered that these mask directives are not only legal but also necessary for slowing the spread of the virus.
In an email to Oregon Live on Thursday, July 23, Boyle wrote, “Face coverings save lives. The virus is transmitted through droplets that come from your nose and mouth. Face coverings protect you, your friends, and neighbors from contracting this deadly disease. And the more people who wear face coverings while out in public, the more likely it is that we can keep businesses open.”
Scientific studies prove Boyle’s point – many have found that masks are very important in slowing the spread of the virus. The U.S. Center for Disease Control and Prevention also recommends that people wear face coverings, though the agency initially took a different stance, which added to public confusion on the matter.
Additionally, the Institute for Health Metrics and Evaluation at the University of Washington released a model which estimates that 45,000 lives can be saved from July to November if at least 95 percent of people wear masks while in public.
The Freedom Foundation argues that there is a lot of controversy about masks and their effectiveness. Jason Dudash, Freedom Foundation Oregon director, said in a recent news release, “Governors in left-leaning states all over the country are making up the rules as they go – and ignoring the procedural rules their own state laws set up.”
Meanwhile, 30 other governors have announced statewide mask mandates. Most of them are Democrats, but some, including governors from Texas, Ohio and Alabama, are Republicans.
Some medical professionals do contend that medical conditions can make it dangerous to wear masks, but these conditions are often rare and include those with extreme respiratory issues, or those with muscular or motor-control disorders that could prevent them from removing a mask quickly in an emergency situation.
However, other experts say if someone is having serious medical issues that make it difficult to wear a mask, they most likely should be avoiding public places altogether because they are at a higher risk of dying from COVID-19 if they contract it.
There are some conditions that are not visible that are a concern for advocates of people with disabilities during the coronavirus pandemic and mask mandates, including people with autism, claustrophobia, and post-traumatic stress disorder, who might experience extreme distress with face coverings on.
The advocacy group Disability Rights Oregon is in favor of Brown’s mask order though, as long as businesses and government agencies make accommodations for individuals with disabilities.
By Cara Nixon
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