Wednesday, September 14, 2022

Mask Mandate Did Not Violate Free Exercise Rights

 In Bush v. Fantasia, (D MA, Sept. 12, 2022), a Massachusetts federal district court dismissed claims that a COVID mask mandate imposed by a town Board of Health and a public library violated plaintiffs free exercise rights. Plaintiffs claimed that they "have sincerely held religious beliefs that proscribe our wearing face masks and/or submitting to coerced medical devices/products such as face masks." The court said in part:

Plaintiffs do not identify a religious practice or explain the coercive effect the mask mandates had on that practice. A mere vague allegation that mask mandates violate their religion is not enough to survive even the most a generous pleading standard....

Even assuming arguendo that Plaintiffs have sufficiently alleged a burden on their exercise of religion, their claims would still fall. The mask mandates were facially neutral and generally applicable, i.e., they did not single out, or make any reference to, a religion or any religious practice and applied equally to all....

The court also rejected equal protection, due process and a number of other challenges.