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In Virginia, it's a Class 6 felony. There are two medical exemptions. One requires carrying "an affidavit" from a licensed physician or osteopath, which specifi

In Virginia, it's a Class 6 felony. There are two medical exemptions. One requires carrying "an affidavit" from a licensed physician or osteopath, which specifies "the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device," The second is "the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver" Although the Governor issued an Executive Order, yesterday, telling people to stay at home, he did not include a declaration about masks.

koheripbal 7y ago
There is a specific exemption for medical use... https://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/ https://law.lis.virginia.gov/vacode/title18.2/chapter9/secti...
- ceejayoz 7y ago
  No, that exemption requires a doctor's affidavit or an explicit disaster waiver from the Governor. iii) can only be read with its a) and b) subparts. ii) is more useful here. > engaged in ... other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons
  - koheripbal 7y ago
    No, that's your interpretation - not what any court has determined. I would argue that direction from the NIH, CDC, Virginia Department of Health, and/or literally everyone's current doctor constitutes "the advice" needed under the law. Not a single court on the planet right now would be so idiotic as to side with your interpretation of that law.
    - ceejayoz 7y ago
      It's not my interpretation. Just read the thing. Section iv.) says "upon a) or b)". a) says "carrying on his person an affidavit from the physician"; b) says "the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver" It's quite clear. Section ii.) gives much more wiggle room; you could cite the NIH, CDC, etc. there. Section iv.) says only the Governor's declaration (with very specific requirements the current emergency declaration doesn't give) or an actual physical affidavit you're carrying with you count for its exemption.

koheripbal 7y ago

There is a specific exemption for medical use... https://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/ https://law.lis.virginia.gov/vacode/title18.2/chapter9/secti...

ceejayoz 7y ago
No, that exemption requires a doctor's affidavit or an explicit disaster waiver from the Governor. iii) can only be read with its a) and b) subparts. ii) is more useful here. > engaged in ... other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons
- koheripbal 7y ago
  No, that's your interpretation - not what any court has determined. I would argue that direction from the NIH, CDC, Virginia Department of Health, and/or literally everyone's current doctor constitutes "the advice" needed under the law. Not a single court on the planet right now would be so idiotic as to side with your interpretation of that law.
  - ceejayoz 7y ago
    It's not my interpretation. Just read the thing. Section iv.) says "upon a) or b)". a) says "carrying on his person an affidavit from the physician"; b) says "the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver" It's quite clear. Section ii.) gives much more wiggle room; you could cite the NIH, CDC, etc. there. Section iv.) says only the Governor's declaration (with very specific requirements the current emergency declaration doesn't give) or an actual physical affidavit you're carrying with you count for its exemption.