Has anyone given any thought or developed a protocol for in-person voting when the voter refuses to wear a mask when entering the public voting place? I am meeting with the local health officer to discuss creating a separate voting area that is set apart and can be cleaned between uses but has anyone else established a procedure yet?
Thanks
Bryon
Bryon C. Black
Senior Assistant County Attorney
Frederick County, MD
12 E. Church Street
Frederick, MD 21701
T 301-600-2613
F 301-600-1161
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Nicholas Spiropoulos
Sent: Tuesday, May 19, 2020 4:05 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] No mask, no service?
[EXTERNAL EMAIL]
Here is what we looked at and these cases were helpful in terms of looking at making people wear something they maybe don't want to wear. Obviously, we are focusing on masks, but to figure out that question, we dove in to the theory of "no shoes, no short, no service" to see if that line of reasoning would help figure out if we could make visitors wear a mask.
Neinast v. Board of Trustees of Columbus Metropolitan Library, 346 F.3d 585 (6th Cir. 2003).
Kreimer v. Bureau of Police for Town of Morristown, 958 F.2d 1242 (3rd Cir. 1992). *this was more of a conduct case, but had a good analysis of forum regulation.
As Chuck mentioned in his follow-up, this is only for us regulating our municipal facilities and how people enter.
Hope this helps.
Nicholas Spiropoulos | Matanuska-Susitna Borough Attorney | (907) 861-8677
Has anyone given any thought or developed a protocol for in-person voting when the voter refuses to wear a mask when entering the public voting place? I am meeting with the local health officer to discuss creating a separate voting area that is set apart and can be cleaned between uses but has anyone else established a procedure yet?
Thanks
Bryon
Bryon C. Black
Senior Assistant County Attorney
Frederick County, MD
12 E. Church Street
Frederick, MD 21701
T 301-600-2613
F 301-600-1161
From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Nicholas Spiropoulos
Sent: Tuesday, May 19, 2020 4:05 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] No mask, no service?
[EXTERNAL EMAIL]
Here is what we looked at and these cases were helpful in terms of looking at making people wear something they maybe don't want to wear. Obviously, we are focusing on masks, but to figure out that question, we dove in to the theory of "no shoes, no short, no service" to see if that line of reasoning would help figure out if we could make visitors wear a mask.
Neinast v. Board of Trustees of Columbus Metropolitan Library, 346 F.3d 585 (6th Cir. 2003).
Kreimer v. Bureau of Police for Town of Morristown, 958 F.2d 1242 (3rd Cir. 1992). *this was more of a conduct case, but had a good analysis of forum regulation.
As Chuck mentioned in his follow-up, this is only for us regulating our municipal facilities and how people enter.
Hope this helps.
Nicholas Spiropoulos | Matanuska-Susitna Borough Attorney | (907) 861-8677
