A business DOES NOT get to set its own rules. Business' policy and rules must be in accordance with the law. A business cannot make up a policy or rule that contradicts legislated law. CPAC is in Orlando, FL this year.
FL Statute 876.13. Wearing 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.
Legislated law supercedes business policy and rules. No business may enforce policy that violates established law.
Attempting to prevent the entry of a patron to business establishment, which is indeed defined as a "place of public accommodation" is a violation of an IMPLIED, IRREVOCABLE LICENSE that this business has granted to the public. Being 'open for business' to patrons is an implied and irrevocable contract.
Recommending that someone wear a mask, which is designated by the FDA as a “medical device” is the unlicensed practice of medicine, which is a violation of FL Statutes 456.065 Unlicensed practice of a health care profession. Furthermore, recommending a medical device is not only a crime, businesses are not insured as a medical practitioner. Therefore, such rules of a public accommodation is null and void.
In Florida, there is no governor mask mandate. At NO TIME, whether in an emergency or otherwise, does an executive order override legislated law (statute). All EOs are SUBORDINATE to legislated law. Whenever, a ordinance, regulation, or rule come into conflict with legislated law the later always prevails.
Great comment and I might add the ADA says any business that turns away a person with a preexisting medical condition is subject to a 75,000 fine.
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