I am interrupting my series of blog posts on wire fraud to say: “I told you so.” My copy of the Wednesday New York Times (pictured below) has this headline above the fold: “CDC Relaxes Its Rules on Mask Use Outdoors for the Fully Inoculated.” That is one small step in the right direction, but as I explain in my work-in-progress on “Lockean Takings” (available here via SSRN), the imposition of mask mandates pales in comparison to the illegal “takings” of labor without the payment of just compensation that occurred across the nation when States ordered “non-essential” workers to stay home last year.
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It would be one thing if outdoor mask mandates actually helped inhibit the spread of the virus. Putting aside the normative concerns associated with compulsory mask-wearing mandates, this policy is utter nonsense.
While I may philosophically disagree with laws requiring masks in indoor public venues, at least the logic behind these legal prescriptions is somewhat self-evident. An outdoor beer garden for example is not a confined area. How would masks assist any further in stymieing transmission of COVID providing the spacing between tables is reasonable and the vendor’s sanitation practices are sound?