Saturday, August 14, 2021

I am not an attorney. This is not legal advice.

But Randall G. Holcombe asks a question I think it's worth trying to answer. So ...

In Florida, since 1951, it's largely been illegal for adults and older teenagers to wear masks in many locations, and so far as I can tell that law has not been modified by the legislature, etc. since the beginning of the COVID-19 pandemic.

876.12Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state.

876.13Wearing mask, hood, or other device on public property.—No person or persons shall in this state, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of any municipality or county of the state.

876.14Wearing mask, hood, or other device on property of another.—No person or persons over 16 years of age shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, demand entrance or admission or enter or come upon or into the premises, enclosure, or house of any other person in any municipality or county of this state.

And, as television marketers love to tell us, THERE'S MORE!

A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation .... A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy ...

It seems to me that  the four Florida State University officials mentioned in Dr. Holcombe's post are committing both conspiracy and solicitation in attempting to get Dr. Holcombe and others to violate the law.

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