No Masks Required In Schools - Here's the Law

No Masks Required in Schools - Know the Law

UPDATE: How many different teachers and families have downloaded the opt out notice?
Total as of 6:52 PM on 8/24/20 - 3,293 families (households), 545 teachers
You are not alone! Stand Together!

UPDATE: Based on continued feedback, we're updating information here.  Scroll to bottom to see updates.

UPDATE: Utah KUTV covers this article. U of U law professor and former judge, says the constitution is not legally valid.

The first and most correct solution to this mask issue, is to leave the unconstitutional government school system.  But, for those who find themselves unable to go this route, we have put together this research for you.

The bottom line is this:

 Teachers, parent and students do not have to wear a mask in schools.
 Simply don’t do it if you don't want to.
 There is no law, constitutional or pretended, that requires it.

If that statement gives you enough courage to do exactly what it says, then you're done.  However if you want more understanding to push back against those who disagree, let’s talk through what’s going on.


Marbury vs. Madison
(Marbury vs. Madison, 1803)

THE CLAIM:

The media is running rampant with countless headlines like this:

Utah says students must wear face masks

Gov. Gary Herbert requires masks for all in K-12 schools this fall

Utah governor mandates masks for schools amid rising number of COVID-19 cases

Most of Utah is acting as if newspaper headlines are legislative actions.  They see the headlines and assume this is the fate they have to accept.  Various school administrators also act as if these statements actually exist in law, and as parents we simply give up.  We are too often ignorant as to the lack of authority that exists in these ideas.

The shocking reality, that should be obvious, is: Neither newspaper headlines nor the content of the articles are legislative actions (laws).  But they do get in our heads and stress us out when these ideas get repeated so often.

Only the state legislature can pass laws that are binding on the people, and even then they are not binding unless they have been created within the proper constitutional limits.  You’ll find that these articles are all referring to actions taken by non-legislative bodies.  Neither a school board, health department or the governor’s office is a legislative body that has the power to write law, and nothing these entities do can ever take away your right to not wear a mask (or anything else).  Only our ignorance gives the illusion that they have this power.

The orders and pretend-laws that they’re referring to:

Executive order 2020-50

Cutting through the legalese and word games in E.O. 2020-50 and their hidden definition of the word “Person”, this executive order claims to force every person, school, company (any entity at all) in the state of Utah to comply with all applicable rules in the official “Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation version 4.1”.

An emphasis is made on healthcare workers and employees of businesses to wear masks.  It also makes a “strong recommendation” to everybody else.

It then claims to grant all counties and cities in Utah the power to mandate masks on their own, without approval from the state.

However, the most important part of this order is towards the end where it states that anything which conflicts with previous Executive Order 2020-48 or the state’s Utah Public Health Order 2020-11 is invalid.  This means we have to go read these other orders to see what parts of 2020-50 don’t actually mean anything.

Executive order 2020-48

This is where you’ll find that no matter what rules pretend to force you to wear a mask, you actually don’t have to wear one according to their own exemptions. While some of the exemptions are specific to unique circumstances, they’ve provided multiple “catch all” exemptions that apply to every person in Utah.  For example, if a mask obstructs your breathing, you don’t have to wear one = Everyone is exempt.

Here’s the full list of exemptions:

  • A child in a childcare setting (this is arguably every child in the government school system)
  • A child under three years old
  • Any age child who if the parent, guardian, or individual responsible for caring for the child cannot place the face covering safely on the child's face;
  • An individual with a medical condition, mental health condition, or disability that prevents wearing a face covering
  • An individual with a medical condition for whom wearing a face covering could cause harm or obstruct breathing, or who is unconscious, incapacitated, or otherwise unable to remove a face covering without assistance;
  • An individual who is deaf or hard of hearing, or communicating with an individual who is deaf or hard of hearing, where the ability to see the mouth is essential for communication, in which case a face shield or alternative protection such as a plexiglass barrier should be used;
  • An individual who is receiving or providing a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service
  • An individual who is outdoors
  • An individual in a vehicle
  • An individual who is actively engaged in any of the following activities while maintaining a physical distance of at least six feet from any other individual who is not from the same household or residence:
    • Using an indoor recreational facility
    • Eating or drinking
  • A state employee who is not speaking in person with any other individual
    • Is the sole occupant of a fully enclosed room or office
    • Is the sole occupant of a partially enclosed room, office, or similar space, including a cubicle, that is enclosed on at least three sides by walls or other physical barriers or dividers of a height that reaches no lower than the top of the employee's head when the employee is seated
    • Is seated or stationary, and maintains a physical distance of at least six feet from any other individual

Do you fall under these exemptions?  I guarantee everyone in the state can fit somewhere in that list.  So if you want to appeal to this order, you are free to simply state “I have an exemption under the order” to anyone who asks you.

But what if you can’t officially provide documentation of your valid exemption?  The governor says that’s okay in section 4 as follows: “a state governmental entity may not require an individual to provide medical documentation verifying the basis for an exemption”. 

The only time they now claim they CAN ask you for documentation, is if you work for the state government or you are a student at a “state institution of higher education”.  However, in this case I would refer you back to the fact that any government in the United States cannot take away your liberty without due process.  This is a fundamental constitutional limitation of all levels of government.

State Health Order 2020-11

This is the main one that parents are reacting to in relation to schools.

This order claims “Each individual on school property or on a school bus shall wear a face mask”.

It then lists exemptions, which are essentially the same exemptions as the governor’s executive order with a few additions, such as P.E. class and various educational specific scenarios.

So if you feel masks “obstruct breathing” then you have a valid exemption, even under their own order (pretended legislation).

If a school demands that you provide documentation, know that their own order does NOT require the school to ask for documentation.  If they do ask for it, it is 100% the school’s choice to ask you, so don't believe the excuse that the governor or health department is forcing them.  The word "may" means it's optional for the school.

However, your notice to opt out of masks constitutionally overrides all requirements the schools try to place on you.  Just because they "may" ask you, you do not have to provide any documentation because the constitution guarantees your right to choose what you put on your face in all circumstances.  Download the example opt out referenced at the bottom of this article.

A COMMON EXCUSE:

One common excuse these non-legislative bodies make in trying to claim they have the power to write law, is pointing to an actual statute that claims to give legislative power to the health department or some extra-legislative body.  Because the legislature originally passed this claim of granting legislative power, it's tempting to think that it's valid. However any legislative action cannot violate constitutional limits.  And the Utah state constitution has strictly defined where legislative power resides in Article VI.  The legislature or the people (the referendum process)

Utah Constitution grants legislative powers

What about the school board that now claims they can charge children with a misdemeanor for not wearing a mask?  This document was recently published which claimed

"It must be remembered that this order has the same authority/force as a law during the time it is enacted. Failure to comply with the order is a misdemeanor". 

The school board is justifying this statement because they claim Utah Code 26A-1-123 gives non-legislative bodies the power to apply the force of law to their rules.  Let's be very clear, that this is a completely unconstitutional claim because of Article VI Section 1.  The state constitution limits legislative power to the legislature and the people, and therefore no law can constitutionally delegate that power to any other body.  The school board's claim is a complete farce.  However, even it that were incorrect, the health department and governor's own "rules" still give all the exemptions.  So either way, this is a non issue. 

Additionally, anyone claiming these orders have the force of law to intimidate you into following them could be sued under federal code Title 18 Section 242 for acting under the color of law.

PARENTAL RIGHTS SUPREME:

Utah Code 62A-4a-201 states that Utah recognizes the rights of parents, and the state may not interfere with the decisions parents make for their children without proper due process.

“Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent's children. A fundamentally fair process must be provided to parents if the state moves to challenge or interfere with parental rights. A governmental entity must support any actions or allegations made in opposition to the rights and desires of a parent regarding the parent's children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened protection against government interference with the parent's fundamental rights and liberty interests”

Here's a good moment when the state superintendent acknowledged that parents are supreme in all decisions over their children.

CONCLUSION:

Now let's circle back to the original point, after having studied all of these silly orders and how they actually can’t make anybody do anything because everybody has an exemption.  When it comes to your individual rights and the ability of the government to tell you what to do with any aspect of your life, these orders can literally be thrown into the garbage because none of these come from a legislative body.  Any attempt to convince you that they are binding on you and have any bearing on your personal liberty is nothing but word magic perpetrated by those ignorant of the law or willingly conspiring against your freedoms.

Always fall back to the phrase: "Show me the law"
Anything they show you on mask mandates, will not be a law.

You have the right to simply live your life and claim your right to go mask-free already, right now, as you read this.  But if you want to put a school on notice that you are claiming your rights and what your justification is, we recommend this sample mask opt out notice to schools for teachers or students and parents published by the Utah Central Committee (UCC). 

WHAT IF THEY STILL DENY YOU:

Be clear, when you send this opt-out notice you are NOT asking permission from the school.  It doesn't matter how the school responds, because if they try to push back on your notice you can be confident that their email reply or voicemail to you is also not legislative action.  You are TELLING THEM the law and what your rights are and simply notifying them as a courtesy.  You are following the law of the land.  There is no excuse they can give you that lawfully negates your rights. Feel free to just repeat yourself if you feel you need to continue the discussion with them instead of ignoring them.

Depending on the age of your child and family dynamic, you can either teach your child what their lawful rights are and that they don't need permission to exercise rights that God gave them.  Or train you child to respond with "My parents already took care of this, here's their phone number please call them".  Don't allow a school to talk your child into a corner and into submission, they can just repeat (like a broken record) that they have to call their parents to address the issue.  Your only job is to continue to assert that you expect the school to follow the law.  It may be wise that you group together with other families so that your children are not alone in opting-out of masks and they have a way to document violations of their rights.

We honor and respect the law, that is why as law abiding citizens we must take it seriously when a bureaucracy is conspiring against the population to violate the law and your rights on such a large scale.

Your final legal position, is the constitution itself, which school administrators, police officers and elected officials all took an oath to uphold.  All levels of government are limited by the constitution.

-- “No person shall... be deprived of life, liberty, or property, without due process of law”  - (US Constitution Amendment Five) --
-- The Utah state constitution also enumerates this right to liberty (Utah Constitution, Article 1 Section 1) --

-- Your rights to liberty include many rights, even if nobody ever enumerated them (that means to specifically list them) "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" (US Constitution Amendment Nine) --
    -- Liberty includes the right to choose your own medical treatment, which includes wearing a mask or not. --

And again, to avoid all this nonsense, the first and most correct solution to this mask issue, is to leave the unconstitutional government school system.

We also recommend becoming a member of the UCC if you’re concerned about violations of your rights by the state and want to join a network of like minded individuals and families that are willing to stand up for each other and for truth and the rule of law under the constitution.

Idaho Residents: Defending Idaho has also published a mask opt out for Idaho

Comments (108) -

  • Wow! Just wow! I’m sure most, like me, had no idea just how much of a farce is being perpetrated on us in this state and in the United States!!! Thank you for the law lessons! Thank you! Thank! Thank you!
  • But the governor has special powers in a state of emergency, and one has been formally declared.  https://coronavirus.utah.gov/special-orders/
    • This is a misunderstanding.  The Constitution protects us ESPECIALLY during emergencies, to ensure that our rights are not violated and freedoms lost.
      • So the district I’m at just sent out a written statement due to the outrage that the community I’m in is going with this! Is there a way I could send it to you? They brought up a few things about the “laws.”
      • The district replied specifically to these forms!
        • Yes, you may send them on our contact page and we'll look at them.
      • The "emergency" has passed.  The mandates were originally to "flatten the curve" and reduce stress on our hospitals.  The curve has been flattened, the temporary emergency hospitals have been dismantled, and the hospital ships have been sent home.   There is no stress on hospitals.  Obviously the "emergency" has passed.  

        The state needs to prove there is still an emergency.  Just reporting "cases", which is no more than numbers of people who test positive and likely are NOT feeling sick, does not prove emergency.  On the contrary, it proves there is a large amount of the population who are doing just fine.  News reports even say that the severity has lessened.  Let's stop this dystopian life style and start breathing oxygen again and getting into the sunshine.
    • The Governor's state of emergency powers are still limited and he cannot mandate something that can be considered contrary to the health and welfare of an individual or group.
    • The legislature is voting  Aug 20, tomorrow, on whether or not to allow the present "Emergency" statis of our state to continue. I have written to all the legislators and told them that I want them to vote NO. I want them to stop the emergency statis of Utah. One legislator wrote back and said that she needed to continue the "emergency" because our state needs the federal money that comes with an "emergency" statis. I told her that if they had been like South Dakota and not shut Utah down, they would have people still working, thus paying taxes. We can choose not to participate in this self destruction. Unless the people say something, the legislators think we don't care. So, they would continue to let people lose their jobs, and all of us would have to continue the masks, social distancing etc., when the Covid numbers are going down, drastically down. One of the legislators that my husband emailed to, wrote back and said, keep writing, it is working. So, I am asking anyone who is reading this to please call or email your legislators today. If you need the list of legislators, email me at  terrystewart@earthlink.net
  • Thank you for all of this information!
  • Thank you so much! What we do if they send children home for not wearing a mask? Yes, homeschool but we need to fight this.  I’m tempted to sue the school.
  • Defending Utah knows the constitution. Read and or listen to the archived articles.  You will learn so much!! I thank Ben McClintock every day for his knowledge and that he willingly shares it.  Desired outcome: know the law!!
  • I just tried this, sending it to my son's school.  This is the response I just got back:

    I've attached the recent Governor's order as well as our exemption form. Students, at school,  are required to wear a mask unless the attached form is completed and an exemption granted by the Davis School District.

    Our online program is available that will obviate the need for a mask if you would like to go that route.

    So my son will be forced to wear a mask no matter what.  Any further suggestions?  They will not allow them on the school grounds without a mask.  
    • I think I spoke to your husband on the phone?  I've updated the article with additional information based on his and other people's feedback.
    • I did the same and was also advised they would need to do online school if they don’t wear masks to school....
  • DJ
    Okay, so the schools say the letter is invalid.
    What's the next step?
    What attorney's are willing to help us fight this?
    • You're not asking permission from the school, you're telling them what the law is.  Their response of "that's not the law" is also not legislative action and you don't have to comply with it.   I updated the article with additional information regarding this.
  • Personal commentary here:
    I appreciate the break down but some of the legal argument is shaky. If the health department was given authority to charge a misdemeanor by the state code that isn't necessarily negated by the state constitution, as this article claims. The state code was still voted on by the legislature, which means it WAS passed legally and under proper authority.
    You *might* be able to find a lawyer who would argue the constitution negates this law but that seems a pretty tenuous argument. I would consult a lawyer before taking this advise.
    But the point about basically everyone having an exemption is definitely correct. 👍
    • "that isn't necessarily negated by the state constitution"

      Erin, that is exactly what it means.  The constitution is supreme over all legislation.  The whole purpose of any state's, or this country's, constitution, is to define the legal limits of the government itself.

      Here's a great video that walks you through this foundational American concept.
      https://www.youtube.com/watch?v=tIl57cchRqs
    • A code is not a law. There really is a difference between the two. At least that is what I've been told.
  • So am I just supposed to fill out this form and give it to my kids school and expect them to let them go to school without a mask? What is your suggestion for parents on how to handle the situation with schools when they say none of it matters?
    • The article addresses your question.  Your options are
      1) accept the school has the right to control your child instead of you
      or
      2) don't allow it the school to override your parental rights

      If you choose option #2, then you are now empowered with the law on your side with confidence that the school system is simply violating the law and not you.  You can rightfully claim your rights and push back.  It may or may not be easy, depending on your school, but at least you now have a choice.
      • What we've discovered is, that if you will fortify your documents with a notary and file it with the county clerk (this may be a process, as you'll need to schedule an appt), then you have what's called a "court of record". They can't argue with that. Show them your original and then hand them a copy to keep. Then they can't say it was made up or isn't legal...
        • You mean the exemption mask forms?  Is that what you did and gave to school?  Did you get push back?  I shouldn’t have to list any medical reason.  I’m in Davis county and the form specifically asks you what medical condition you have. I sent an email with the form, hope somebody can tell me.
    • Re-read the last three paragraphs I updated the article with
  • I love this artical but even though it's not a law if you send your kids to school without a mask they will send you home or give you one to wear. They are bullies and our children can not fight back
    • It is definitely criminal abuse that the school systems are bullying our children into compliance and planning to treat them like prisoners.
    • I feel the same. My kids' schools don't care about what's actually law, and if you want an exemption for whatever reason. They are saying that all kids no matter what will be asked to leave if they don't wear a mask. I feel like the only way to get anywhere would be a class action lawsuit, which I definitely don't have the money to pursue.
    • I don’t think it’s that they’re bullies~ they’ve been told they will lose their jobs if they don’t. My husband is a vice principal and is trying to take care of his family. I’m worried that fighting it with the school is going to be a battle because like I said, their means of providing for a family is at stake.
      • As the vice principal, working with the principal, they have full soveriegn and constitutional authority over their school, to not follow the "guidance" of the governor and health department. When they get an order from the governor, that violates the rights of their students, they do not have to follow it.
  • RG
    do you by chance have any info for the state of Texas?
    • No, but you should be able to find the equivalent information in any state.  Your state constitution will say who has legislative power.  And then you'll likely find that all your mask mandates come from everything except for the legislative body.
  • Do we have such an in depth explanation for the stupid mandates and mask orders in Pennsylvania? I wouldn't even know where to go to find it. Utah, lead the charge! Go forward with faith and strength... Never let the adversary win!!
    • Same answer I gave to Texas:
      No, but you should be able to find the equivalent information in any state.  Your state constitution will say who has legislative power.  And then you'll likely find that all your mask mandates come from everything except for the legislative body.
  • What happens if the school decides masks are part of the school dress code and if you don't have one, it's like violating that and you are sent home or other disciplinary actions?

    I don't have any of the facts on that, it just crossed my mind.
    • I suggest being at the principal’s office and making a formal complaint and then be at the next school board meeting in mass. Get their attention with the help of others behind you, while holding your ground.
  • Today the gym teacher told all the student not wearing a mask to “GET OUT”. She said they had to stretch outside while mask wearing students could stretch in the gym.   Where can I send her to look.  Surely this is discrimination !
    • Maybe, try the national ADA Violations Hotline 800-514-0301
      Also, don't be afraid to show up at your kids school and let them know how you feel.  Maybe escort your kids to class, and stand in the gym to ensure fair treatment.  Your taxes pay for the school, they are all your employees and it's public property and the kids belong to you.  Record the school treating the children like prisoners and outcasts.
      • What about when the school tells you if the kids don’t want to wear a mask their only choice is online school.   Isn’t that our right to be able to send our kids to a public school.... from a working household online is not an option... ?
  • I'm a parent with kids at West Point Jr High and West Clinton Elementary.  I've just sent the opt out notice to the principals of each school.  We'll see how it goes.  I posted this article on NextDoor asking people's opinions and  within minutes had instant outrage.  It makes me laugh.  I'd love to hear from others in the Davis School District and their experiences with this mask opt-out.  
    • I’m in Davis county. I don’t want to fill out the form bc it specifically asks you the medical reason. I could use some help on what you did. Writemlwong@gmail.com
      • I filled out the form posted in this article (www.utahcommittee.us/Resolutions?selected=2020-7) and sent it to both West Clinton Elementary (Ryan Van Natter, principal) and Syracuse Jr High (Wendy Nelson, principal).  Both of them said the Davis School District requires a mask (even though 2 weeks ago we got the OK from both for face shields) and that we would be required to fill out the district exemption form.  I refused, told both of them they are in violation of the law, of which I sent them copies, and I'm pulling my kids from their schools.  I can't have my kids fighting this battle so I will continue to harass them about obeying the law.
  • Ash
    Are there any parents in St George/Hurricane/Ivins/SantaClara/Washington  that I can meet up with or talk to so we can ban together and help support each other on this? I want to confront my children’s schools with this. I have already tried to get an exemption and no doctor would simply right that my children suffered from anxiety. Their primary doctor stated that they have to have Down’s syndrome or autism and said that the director of intermountain has banned Intermountain doctors from writing notes in regards to exemptions for children wearing masks in schools unless they have downs or autism. I was shocked and decided to contact intermountain corporate office and they said this came from the governor and would not claim responsibility to this tyranny. It seems I couldn’t find a doctor to help as they all seem to be in fear of losing their licenses. It is tyranny!!
    • This demonstrates clearly the conspiring nature of what they're doing to our children and families.  Whatever solution you come up with, parents have to take the matter into their own hands because no other authority is going to truly advocate for your children.
    • This is for Ash in St George. I live in St G too. There is a Liberty Coalition group meeting THur Aug 20 7pm at Sandtown Park (Bluff St Park) to discuss this. Also, follow Deborah Palmer on FB. She knows the Constitution, Executive Order, and ADA regulations very well.
      • Ash
        Thank you Rhanda! I will be there!
    • Rhanda and Ash in St. George. We have children at Riverside Elementary in Washington and we will be attending the meeting! Have you put together a Facebook event?
  • Ash


    I tried to get an exemption. The school was willing to work with me granted I get a doctors note. Sounds simple but it turned out not to be.My children’s primary doctor refused to write that my children had anxiety and the mask wearing affected this which affected their breathing. They said that my children would need to have autism or Down’s syndrome to be able to be exempt from masks for school. They said that the Director of Intermountain Health Care had said no intermountain doctors were allowed to write a note to exempt a child for school unless they have autism or Down’s syndrome. I couldn’t believe what I was hearing and decided to ask the source. I called Intermountain's Corporate office and spoke with a representative about this and was told they would ask and get back to me. A few days later another representative called and stated this was true and that my doctor was correct and that this was actually coming from our governor and I guess the Director of intermountain is not claiming responsibility on telling Intermountain’s doctors to do this per what this representative said?? I still am struggling wrapping my mind around how this is true and even possible. I would like to try this approach with this form but it seems  I’ll probably be facing another wall. I would love to pull my children out, but for
    me unfortunately it is not an option.
    • You have to insist on your rights, and never be quiet, phone calls and showing up in person.  The alternative is accepting that somebody else owns your child and can freely abuse them while you're away.  Band together with other parents so your voice has greater strength.
  • What we are facing here is outright Tyranny.  The Governor does not care about the Constitution, the Schools, Teachers and Administrators do not care about the Constitution.  The School Boards do not care about the Constitution.  The law enforcement entities do not care about the Constitution.  The State Health Department does not care about the Constitution.  The legislators of the State do not care about the Constitution. So, the Executive, Legislative and the Judicial entities of the State of Utah do not care about the Constitution.  And finally, the people of the state of Utah do not care about the Constitution.  In all of these minds the Constitution was dead a long, long time ago.  There is no checks and balance in any of the above mentioned entities.  It doesn't matter how right you are about the technical details of "how it should be".  There is no competent authority that is willing or able to do anything about this tyranny without committing suicide and totally destroying themselves, their livelihood, and their families.  We ARE NOT in the same situation that the Founding Fathers of this country found themselves in when they faced Great Britain.  Nor do the conditions exist where the population at large can stop this tyranny.  Your assertions and statements of "Constitutional Law"  to individuals, Teachers, Administrators, and law enforcement will not protect you from tyranny.  The people of the united states lost their Constitutional Citizenship a long time ago.  This is a long planned take down of the united states of america and there is nothing anyone can do about it.  If you want to be a Martyr go ahead and see what happens to your posterity and your family.  To paraphrase, "Now is the great day of my power. I reign from the rivers to the ends of the earth. There is none who dares to molest, or make afraid."  This is literally true in Utah as it is in the rest of the world.  All you can do is:  Prep, pray and stay out of the way. Unless of course you prefer martyrdom. There is literally no one you can appeal to besides God.  Every individual in on their own tub bottom.  So the question is, what competent lawful entity can or will do anything to stop this?  That is the question. It can't be "The People" as they have no ability, desire or means to affect real change.   Washington didn't fight the British on his own or without authority that was recognized.  The Constitution is recognized as Authority in name only.  The government of the state of Utah flies the same flag but the enemy has taken over the fort. Sorry but we must act accordingly.  It's not as if this wasn't predicted or prophesied.  The people of the united states are getting exactly what they deserve because they brought this upon themselves.  Now, take a walk, go on a camp out.  Visit with those you love.  Get out of the cities.  Do whatever you have to do to survive.  There has to be some Christians left underground when all this is over.
  • Don't get me wrong.  I understand your assertions of Constitutional law in this situation but in order to actually be recognized by the entities that can do anything about this tyranny they have to believe that that the Constitution in the way you define it, must be recognized and obeyed.  They DO NOT recognize or acknowledge the Constitution as the "law of the land".  Otherwise they wouldn't be doing the things they are.  They do not define the text of the Constitution the same way as John Adams, or Thomas Jefferson.  True as Jefferson's and Adam's  understanding  may be, in 2020 appealing to the Constitution is no defense against force and tyranny.  Act accordingly.  Get right with God.  Hope for the best but prepare for the worst.  Weigh the cost of your martyrdom carefully.  Yes it's that serious.
  • You guys are all ignorant of the medical facts widely available about this global pandemic from the novel corona virus.  Medical experts agree that its extremly contagious and carries long lasting symptoms throughout the body.  Dont be so selfish or disolusioned to protecting yourselves.  
    Realize that when your child catches this it may kill you. If you really want to send your kid to school without a mask then consider making your WILL so they will at least have something left after they kill you.
    • I suggest you expand your sources for where you get your "science" from to beyond the headlines and government approved "scientists".
      Here's a great place to start: www.FakePandemic.com
    • Hahaha! Another one takes the bait. If you're so scared of this "pandemic" then stay home. The rest of us have lives to live.
      • Absolutely 100%!!  If you are afraid, stay home.  If you are afraid for your kids, have them do online school.
    • Some people are ignorant of the risks of children wearing a mask. Your child can develop a blood coagulation complication and quickly DIE. Some children in China have already died this way. Let teachers wear masks if they are afraid for their safety.
    • Autumn read the law no one should be forced to wear or not wear the mask..  

      as for the truth.. the virus may be real but it is just a normal flu and its not deadly nor does it spread rapidly. Stop regurgitating what the Main Stream Media is spewing as truth.. its not they spew Propaganda.
  • If the schools will not allow the kids on campus without a mask, (our biggest concern is really bullying from teachers and staff and other kids) and we decide to home school, how can we ensure our property taxes are not going to those schools?
    • Now you've stumbled onto the fundamental nature of theft in our government school system.  There's nothing you can do with the current system.  They will take our money, and fund these child prisons whether we willingly send our kids there or not.  And when you take your children home, they're going to try to take that money and follow you to your home by offering to help pay for your homeschooling expenses.  Of course, there will be strings attached.
      One of the founders of the state of Deseret/Utah (Brigham Young) said "I am opposed to free education as much as I am opposed to taking property from one man and giving it to another who knows not how to take care of it… I do not believe in allowing my charities to go through the hands of robbers who pocket nine-tenths themselves and give one tenth to the poor… Would I encourage free schools by taxation? No!"
    • Cavanaugh Johnson, as far as I know, you can't be sure that none of your taxes go to your local school. You can enroll your kids in an online third party option that will bring some of the funding to you instead of giving all of it to the school that isn't benefiting your family. Two of the options I know of are my tech high and harmony education.
  • This is crap. The governor cannot just decide this. It needs to go through the legislation. We need to get this ridiculous dictator out of office As well as all of his kind. Masks are so dangerous to everyone, especially children’s, health. Look through the crap that they are spreading and see what all can go wrong with wearing a mask. I would rather the sickness than the crap that comes with wearing a mask. Stop this now!!!
    • Be careful. So far our legislature has votes against us several times. If it goes through legislation, it could end up with all of them voting for making a mask law. They mostly voted for testing for all people in nursing homes and it has become mandatory. Our legislature is as scary as any.
      • A mask law passed by the legislature would be grossly unconstitutional (that means it would be an illegal law).  The government must follow the law first, before it can pass laws that are binding on the people.  The very simple rule of a republican form of government which our state (and all states) have is this: No law can be created outside the limits of the powers given to the legislature by the constitution.  Any attempt to do so, is an illegal act by the legislature.  Our constitution guarantees the liberty of all individuals over themselves.  No level of government can regulate your individual liberty, unless you've taken away the liberty of someone else, in which case you still can't lose your liberty without due process and a trial with a jury.
  • Great article. I wonder if there has been a test case in court to see if this approach holds up. We all know that the law is subject to interpretation and sometimes it is blatantly obvious that a judge is basing a decision more on weak legal foundations and strong personal opinions.  Are we able to push back in the courts on this?
    • I hope there are good lawyers that come forward that can test this in the court.  However, each court case results in nothing more than the individual personal opinion of one judge who may or may not honor the law of the land.  And their decision is binding only on the individuals involved in that specific court case.  Regardless of what happens in court cases, the rights of individuals to be secure in their liberty and parental rights does not change.  Even if one opinion denies it, the courts are not legislative bodies where their opinion becomes binding law on everyone else.  The constitution was written as plain as possible so everyone could universally understand it.  The intention of the founders was always that the people are the final guardians of the law and that requires us to know the law.
      "My people are destroyed for lack of knowledge" Hosea 4:6
  • Yes, the state can't force us to wear masks at school, but I'm asking, what's the harm in wearing one? If wearing masks can possibly help protect other children from getting sick if my child is asymptomatic, then I will have my children wearing masks.
    It isn't about right and wrong in the state making them wear masks, it's a right and wrong of a moral code, a human decency if you will. It's not right of me to possibly expose someone else's child (or someone else at the store) to sickness because I feel my rights are being violated.
    I feel that too many people are missing the mark of why we are being told masks--if it even helps in the slightest to help protect others, I'll do it. Yes, they aren't comfortable, yes they're annoying and hard to breathe in, and yes I hate that my children won't have a normal day at school and that their childhood is different than what I want for them. But this will not go on forever, if anything, it's teaching our children caring and compassion for those around them. It's not about putting our needs first, it's about caring for and protecting others. (And it really makes me sad that other people don't seem to care as much about my children as I care about theirs...)
    • This is not about anyone's health.  It is about absolute control.  And yes, it is intended to go on indefinitely and become more and more painful, until we're finally offered a "solution" in a vaccine that is intended to radically change all of society, which will also be resisted by many.  There is no more place to flee to for freedom in this world.  Freedom only happens wherever people choose to stand.

      If this whole situation changes, and everyone acknowledged wearing a mask was a personal choice,  then there would be no problem and nobody would have to stand for anything.  Mask wearers can wear their funny masks and non mask wearers won't, and we can all live in harmony.  The right for people to choose is a sacred gift that must be protected.
    • Yes, to what Enoch said

      And.....
      If masks work, then those wearingasks will be protected from those of us that aren't wearing them. If they don't work, then wearing them isn't protecting anyone.

      And freedom is our God given right. Safety never was on the list for earth life. If we give up our freedoms, they will be hard to regain. Please, Agency was given to us by Heavenly Father.
    • The very idea that obeying government mandates is teaching caring is very disturbing.  Shall we believe that the government cares about us? Doesn’t look like it. Bureaucrats are continuously selfish. As they always say, “follow the money.” Someone up there pulling strings like Fauci benefits from our fear and from our relinquishment of rights. It is ironic that even as the statistics from the large cities show that the pandemic is over, our systems of “education” keeps pushing the panic button. Our schools and it’s leaders are purposefully blind. Caring is taught at home.
  • CJ
    I sent this to my school district and county fair board and no the said that the governor himself is a “legislative body” and can mandate masks. And that a mandate, given the circumstances of our country, are law...
    this can’t be true. Do I just point at the constitution?
    Also, do you know of a good Lawyer?  
    • They are literally saying that the governor is a dictator.  That shows the most extreme ignorance of America's governmental system that anyone could possibly show.  These people are teaching and leading children?  They are either criminally ignorant or criminally manipulative.
    • As it said above, ask them to show the law stating that the governor is a legislative body.  Typically, “body” in this context refers to a plurality. Perhaps the governor is possessed. That seems to be the case: his conduct is certainly not Republican, not is it spiritual.
  • As I understand this article, you are saying that you cannot be forced to wear a mask in school because it is not a law passed by a legislative body. What about school dress codes?  I am pretty sure that those are just rules and not laws. Are you really insisting that every rule be codified into law before you choose to follow it?
    • People follow reasonable voluntary rules every day in many aspects of life.
      The force of law should always be used carefully and correctly, and never used to take away the liberty of individuals.
      Government at any level, is limited by the constraints of the constitution.
  • Could I have you read over an email sent by our superintendent? I’d love to know your thoughts and the next steps to take.
  • I have people telling me that because the governor has issued a state of emergency he does have power to make it a “law”. Also, that governor Herbert Will be issuing another state of emergency.
    They are saying that the mandate states that you have to have a medical condition to consider the obstruction of breathing.
  • My thoughts, masks are an infringement of my health and rights.  When in the history of time has a healthy person been held hostage by being “quarantined”? What are the percentages that you will even get the virus or at the very least be hospitalized?  96%-98% WILL NOT EVEN BE AFFECTED?  Aren’t these educated people teaching our kids?  This is simple math that I learned when I was like 5.  The kids are more likely to get in a car accident then get this virus. By wearing masks it assumes that my kids are sick.  These kids don’t need this type of psychological toll on their body and mind. The fear mongers have got to go.
  • My struggle is that no matter what we state or say in the end the school will not let my child in the doors. I can tell them they are violating the constitution, violating my rights etc but they close the door. What do we do when they won’t accept the actual laws because they are lied to? And then they demonize us because we so t care about our children getting sick. Which is BS because looking around the world kids aren’t getting or spreading it in any major way to even have started this mandate.
    • This clearly demonstrates the schools have no respect for the law, and want to own your children over you.  I can only recommend, go back and read the section WHAT IF THEY STILL DENY YOU and ponder what comes to mind for your own situation.  You must join with other families, and show up at your kids school.  Get creative.  Never stop insisting, louder and louder, that the schools are limited by the constitution and they must follow the law of the land that limits their power.  If the government itself won't follow the law, then what business do they have writing laws for us?
      • I don’t think that’s it. My husband is a school administrator and if he doesn’t enforce it he will lose his job. These are real people that are trying to provide for their families. It’s higher than the school level. My husband and I don’t agree with it either but when your jobs at stake then hands are tied.
        • His job does not trump the rights of the students.  The school, and any administrator there, is well within their rights to uphold the constitution and defend the rights of the students.
  • I appreciate the info, very interesting.  It has also started other topics of conversation in our home related to going into stores and other building structures and masks being required to enter them. My question is, would these things be applicable to other places in our state besides schools when entering or is it different because its a private business?
  • Isn’t it interesting that everyone was told that this virus does not survive in extreme heat yet five months later and in 90 plus degree weather they are “mandatory “ to enter any public place.   They have lied to the American people about all of this just for “money” and power over us all. We need to stand up for our constitutional rights .  If we weren’t told there was a so called virus this year and if it wasn’t an election year, I believe this year would be no different than any other year. This has been in the works for many years.  
    Since when has our Government ever given a crap about our health and well being?  They don’t, it’s about control and big pharma and everyone who is funding this vaccine to make them more wealthy at the expense of “saving us”.  There is an agenda!  
    Wake up people, wake up before it’s to late.
  • What about the fact that the school is not allowing parents inside the school? Uintah district. They’re not allowing to drop kids off at their classroom, not getting out of the car to pick them up and if they show symptoms, they go to the designated quarantine room, call the parent and send the kid to the foyer to wait for the parent to come get them. For back to school night, teachers are setting up their own stations in a field. It’s ridiculous and scary that they’re not allowing parents inside the school. We won’t know what’s inside the class, what they’re showing them, etc. Any thoughts?
    • Separating parents from children in opposition to our non-consent, using force, intimidation and threat under the color of law would be classified as criminal behavior and is a violation of your parental rights.  It's up to us whether we allow them to break the law and hold our children hostage or insist they follow it as temporary stewards of our children during the time they're in school.  The more parents who push back (politely when possible) the easier it will become.  Some schools around the state have been allowing the exemptions, while others are just meaner about it.
  • Jr
    My kids are/were eating on the floor for lunch. Their principal, after being told it was wrong, saying it was “clean enough to eat off of” and cleaner than eating on tables.... plays she can “contact trace” since kids would have assigned seating. They also covered drinking fountains in plastic and told kids they wouldn’t get drinks unless they brought their own water bottles to school(minus at lunch where they milk or choc milk).  And then had to wear masks outside at recess. My oldest also got harassed by the bus driver cause the mask wasn’t covering her nose *she has anxiety issues and it’s hard wearing a mask.  After two emails to the superintendent I got a call back not from him, but another member of the administration apologizing. Today, no masks at recess, they brought chairs in, so they still don’t have tables they either sit on the floor with their tray on the chair or sit on the chair with tray in lap. And uncovered a drinking fountain. THIS IS RIDICULIOUS!
  • MJ
    I have found all of this information very interesting and for once it seems like we are communicating like adults instead of just slinging the mud.
    I happen to be one of the educators in a school right now and I can validate the fact that being masked at school, while soaking all surfaces with sanitizer and disinfectant and meanwhile attempting to educate your precious children is difficult to say the least.  That being said, the schools are essentially the wagging tail and not the dog.  They are getting their mandates from the boards and governor.  If we want to make things happen I believe it needs to be done with the higher ups.  Trust me! We (employees) are being given the same threats as students and told we will simply be fired if we don't comply. I think it's a joke and would like to know how I can fight this without losing the job that I love and my income?
    • All the power is in the individual school itself, to uphold the constitution.  You are public servants who have taken an oath to the constitution (I'm assuming school teachers still do that).  Nobody can force you to commit perjury (lying under oath). The governor does not force this on schools, because the governor cannot ask the schools to do something illegal.  Additionally, the state school board and health department are only in an "advisory position", not a "dictatorial position". You can ask people to mask and social distance, but it becomes unconstitutional (illegal) when it is required with threat of punishment, or even just heavily influenced to out of intimidation and fear. If your school truly doesn't like it and you all feel trapped, and you want to opt out together, please contact us and tell us the details.
      • S
        Our school is making the plea at sporting events to have all patrons mask up, or else the future of our kids playing will be taken away. If we don’t wear masks now, sports in the winter won’t be played.
        • Playing mind games, to gain obedience.
  • DJ
    Well, my child is being intimidated and was given a "final warning" today at his Jr. High School.  Just sent the form letter exempting him from the mandate.  I'm expecting a fight with the school.  Wish me luck everyone.  My blood is boiling. Thanks for your advocacy and support Defending Utah! I will make a donation today.
  • How does this apply to the grocery store? My husband insists that a grocer can deny you the right to shop just as a private owner can deny you the right to come into their own home. Can someone explain?
    • Several principles to understand, and you can learn to apply the principles on your own.

      Private property owners can control their private property.  The right to own and control property is sacred and critical for freedom flourish.  Whereas government cannot discriminate against rights on public property or any time for any reason.

      Debate sometimes comes in, when there's a blending of these two concepts.

      In a true private property setting, you as the consumer and the business owner should be on the same side.  Both you and the business are illegally being told what to do by the government.  The important thing to know is that the business cannot be forced by government to make you wear a mask.  Since government leaders know they cannot force you to wear a mask, they hope to create the illusion that they have this power, by convincing businesses that they have to force it on customers (when the health department issues empty threats of fines that have no basis in law).  The government is committing the crime in this situation and you and the business are being pitted against each other.

      With that understanding, you know if a private property owner is denying you entry to their property, it's either completely their own choice or they're misinformed by the government that they have to comply. There's a great resolution at the Utah Central Committee that helps businesses know their rights, in that they don't have to enforce these rules: www.utahcommittee.us/Resolutions?selected=2020-1
      Educating the business owner is an option, however many business owners act out of fear, not understanding the law.

      Another legal debate that some have is, whether or not certain businesses are not fully private but they are considered "the public square".  For example, if a large private company owns an entire small town, where they literally own the streets and the sidewalks and there's nowhere to live or walk without being on their property, then that corporation cannot restrict basic rights while residents are in the "public square".

      A possible example of when a private entity does not have the full rights of private property, is when that private entity takes free government money for any reason.  That entity now has been partially funded by the tax payer, and they are mingling their property rights with responsibility to the tax payer.  The cost of that government money is strings attached that limit your freedom.  Bureaucrats often love to mix government and business together, because then they try to have their cake and eat it too. They may use the government money to control the private entity and force them to do various things, while they know the private entity can claim they're private so you can't push back on your rights.  Mixing corporations with governments, what the United Nations called "public private partnerships", is a dishonest and conspiratorial way to deprive the people of their rights.  It's also constitutionally illegal because there's no enumerated power in the constitution that allows the government to take money from the people to fund businesses.  When businesses start depending on handouts from the government, they naturally must care less about their customers and the people but instead worry about their next government handout.  This is referred to as corporate welfare.  If a business truly takes free money from the tax payer and no longer cares about the consumer, they are potentially engaging in organized crime (depending on the details) because tax payer money should never be intended to enrich a single private business.  This control of private businesses is the difference between fascism and the free market system that Utah's constitution guarantees to the state.
      www.defendingutah.org/.../selling-out-your-freedoms-utah-businesses-at-the-salt-lake-chamber
  • I fully support this article and have a question aside from the legal aspect and I am fully against wearing a mask.  What about a simple School policy aside from the law?  For example, the school or classroom may have a policy that says to wear shoes and a shirt to school?  I have this question because aside from a State building like a school a private employer has 'policies' which may/may not be legally stupid but it is their business and their policy.  Can a State K-12 school take the same approach and deny kids to the school if the mask-wearing is just a school policy regardless of the law?  
    • Here's some general thoughts on the subject, off the top of my head.

      In a public setting, all reasonable people should do their best to work with all other reasonable people.  If something is truly a good idea, then let's use gentle persuasion and clear explanations and not force.  If the idea is correct by it's nature, then people will overwhelmingly agree without force.  Freedom to choose should be our most prized possession.  Masks are beyond unreasonable, and there are no real arguments for using them, only a conspiracy of fear, lies and ignorance.

      A school is a public building funded by taxpayers.  They do not get to make rules like a private home makes rules for their house.  They have the same responsibility to the constitution and our rights as any other level of government.
  • I submitted the letter and got a generic response from the principle telling me I needed a tax exemption or to homeschool my son. I responded again and said I wasn’t asking for permission as my letter overrides the need to an exemption letter and my son would be going to school without a mask. They sent him him today and he is suspended until he comes back with a mask or medical exemption. Should I take this further up the school board? Do I need to start a class action lawsuit? Any advice would be great. I am not willing to back down.
  • S
    Taken from another’s post today...

    “Day 2.

    This is a continuation of a previous post from Cedar City Utah.

    Yesterday, my kids went to school without masks. Later I was visited by Cedar PD and told I’d be trespassing if I step on Iron County School Property.

    So their step one was to remove parents.

    Today my older daughter took my kids and as they approached the doors, five masked adults closed the doors and stood in the way of my girls going to school.  If that’s not intimidation I don’t know what is.

    They want to, and will, return tomorrow.

    Lastly, I called the officer over, since I can’t (step) in the property, and let him know that intimidating kids to prevent them from going to school is in fact against the law; the law he is sworn to uphold.

    This gang mentality from our police and school administrators must stop!”
  • Hey Enoch, thanks to Defending Utah for putting this together.

    I think you've covered the limits of the state's power over citizens.  That's one aspect.  What about the schools themselves?  Is there something already in place that allows them to (unilaterally) adopt and apply the 'guidance' of the state to kids & parents anyway?  (If they can deny the state orders can they also adopt them independently as well?)

    Also, schools are being, in effect, 'threatened' by the state with their *administrative* powers if compliance does not occur. For example, the logic is that if a parent in the stadium won't wear a mask, the state, in turn, can force the school to end the event via state-wide administrative policy.  This is another method being applied in our area to encourage 'submission'. "Think of the children".  

    So, the the question is whether there is 1) some independent, alternative path such as pre-existing (legal) authority (e.g. administrative/policy) at the state level to mandate school compliance anyway and, similarly 2) is there similar pre-existing or unilateral power that the schools have to enforce masks as a "policy" matter?  

    I hope you see where I'm going.  Thanks, J  

    • "the schools themselves" and "the state" are the same thing.  Administrators and teachers are acting as part of the state.  And the constitution is exactly what limits their power over citizens as much as any other government entity.

      No policy can force an employee of the government to break the law.  A policy that violates the governmental restrictions of the constitution can be ignored by a government employee.  It is the right of all citizens and governmental employees to uphold the highest law of the land in all situations.
  • I am in Weber School District, and I am trying to become more informed and educated about my rights. How can I reach out to other parents in my community to find like minded people that are willing to fight this with me? My son goes to a school where I am not neighbors with those families. I fear that a whole new slew of problems will arise if I try to fight. At my sons school parents are not even allowed in the school. So much about all of this is so unsettling.
  • So what do you do when they come back saying "Its not legal language" and that is what their district attorney has told them. I still don't see the need for an attorney to write up a document!!!
    • Their words "its not legal" is equally as empty as me saying "give me your lunch money".  Their words must be backed up by the constitution, or constitutionally valid laws, otherwise they're meaningless.  they're playing the grown up version of "is not", "is too".  Your position is that you're standing on the constitution, which is the highest law of the land.  The only argument they can make against you must also come from the constitution, because a lower law (legislation, policy, etc.) cannot override a higher law (the constitution), as the constitution is the law created by the people.  Every parent in the world can't get an attorney just to do normal basic things they do every day, to prove to every random person who challenges you that you have the right to breathe or walk or speak.  Your only recourse is to do what you have the constitutional right to do anyway and avoid playing their game however you can.
  • We need to be recording our efforts. Then posting them everywhere on social media. That should help people band together. And can be evidence if needed.

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