Don’t take legal advice from laypeople, just legal questions

I am not an attorney and should never be trusted to give legal advice. But as a citizen, I do like to ask questions that may get into the legal realm.

I do not wear a mask at any time, for any purpose, or at anyone’s request.  You want to obstruct my breathing with a mask?  The answer is no, and that is final and irrevocable.  Of course, I don’t fly anywhere these days, but I do walk into various public places in Arizona and sometimes neighboring states without hesitation.  I alone govern my own respiration and whether it is filtered or not, and when and under what circumstances, because it is my respiration, not another person’s prerogative to adjust or hinder in any way.    

Here are my questions regarding masks, for example if walking into a mask-demanding establishment, and finding myself face-to-face with a mask demander:

BOUNCER:  For everyone’s safety, you have to wear a mask.

ME:  Masked populations are sicker, with more COVID than unmasked populations.  So I choose not to wear a mask.  Do you know anyone who has been appointed to have sovereignty over me, who is authorized to restrict my breathing?

BOUNCER: This company / person / government entity has mandated that everybody here wears a mask.

ME:  Really?  Where is the law that makes masks mandatory, or that allows you or your employer to make masks mandatory, or that allows you to force an obstacle in the respiratory paths of other people?

BOUNCER:  It’s not a law.  It’s a mandate.

ME:  Any mandate or any law that is repugnant to the Constitution is void and cannot even become a law.  5 US 137, Marbury vs Madison.  Also, the 13th and 14th Amendments prohibit domination of another person and deprivation of liberty, so as a layperson, I interpret that to mean that you may not exercise control over my body, unless I permit you to do so, which I do not.   If you took control of a bodily process of mine, such as respiration, by filtering it with a mask, then that would make me your chattel property, to do with as you please, but the 13th Amendment specifically prohibits that, and your action would deprive me of liberty, and the 14th Amendment prohibits that.  Therefore, because the topic in question is a function of my body, my jurisdiction over my body exceeds your unconstitutional claim to jurisdiction over my body.  So request denied.  No mask.

(At this point, there is either implicit or explicit agreement that I enter freely, or disagreement about that, in which case I leave.)

https://PDMJ.org, Borovoy, Huber, Crisler. Masks series. Vol 1, Part 3

Here are my questions regarding vaccines, for example, if I were to find myself in a vaccine fascist sort of place:

ME:  I do not have a vaccine passport, because I did not get any COVID vaccines.  I also make my own medical decisions, and the COVID vaccines are a medical procedure, which I have declined, on the basis of my personal sovereignty and bodily autonomy.  Are you saying that there is someone here who has a license to practice medicine, and who I have authorized to give me a vaccine?

BOUNCER: This company / person / government entity has mandated that everybody here show proof of vaccination.

ME:  Where is that entity’s license to practice medicine?

BOUNCER:  We don’t have that, but you need a vaccine passport to come in.

ME:  So by demanding that proof of vaccination, are you de facto practicing medicine without a license?  And / or is your employer practicing medicine without a license?  Do you know the laws governing that?  Is it a criminal violation to practice medicine without a license?    Is it a felony or a misdemeanor in this state?  How much money would you owe me in damages for practicing medicine on me without a license? 

BOUNCER:  I don’t know anything about that, but you need to have a vaccine to come in here.

ME:  Do you know that even if you had a license to practice medicine, the law prohibits you from forcing a medical procedure on an unwilling patient?  Do you know what informed consent is?  It is contained in 45 CFR §46.116, all paragraphs.  Do you know that doctors who did not receive informed consent from a patient have been charged with assault?    Do you know that some of them have lost their license to practice medicine?

BOUNCER:  I don’t have a license to practice medicine.

ME:  All the more reason not to demand a medical procedure.  Request denied.

BOUNCER:  You can’t come in then.

ME:  Are you aware of the Americans With Disabilities Act, ACA, which prohibits your denying entry to those who cannot receive the vaccine?  If you don’t let me in, then your fine could be $75,000. 

BOUNCER:  How do I know that you can’t receive the vaccine.  Why can’t you receive it?

ME:  Now you’re attempting to violate HIPAA and possibly the Fourth Amendment to the US Constitution. Let’s see, which of the above law-breaking is the most egregious here?

If you feel that you have been wrongly denied entry to public places, for refusing such inane and harmful procedures as masking or vaccination, you may want to consider looking into legal resources such as The Gavel Project.  Ryan Heath, Esq. of Gavel Project may be found on thegavelproject.substack.com, and has recently allied with Lex Rex Institutes, to fight COVID-19 attempted mandates.

Courage is contagious. Become a vector.