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Nine Reasons the Mandatory Mask Order is Unconstitutional

On June 26, 2020, a new Mandatory Mask order took effect in Washington state. In this article, we will review nine reasons why this Mask order is contrary to the Washington State Constitution.

Claimed Legal Basis of the Mask Order
On June 24, 2020, without holding a single public hearing or convening a special session or vote of the legislature, a non-elected Olympia bureaucrat, John Wiesman, at the request of his boss, Washington Governor Jay Inslee, issued an order requiring all Washington residents to wear cotton face masks at virtual all times, whether they are indoors or outdoors. The order took effect on June 26, 2020. You can read this 3 page Mandatory Mask order at this link: https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/Secretary_of_Health_Order_20-03_Statewide_Face_Coverings.pdf

Here are quotes from the Mandatory Mask Order:

“WHEREAS, Washington State Governor Jay Inslee has issued Proclamation 20-05, subsequently amended and extended, proclaiming a statewide State of Emergency due to an outbreak of corona virus disease...

WHEREAS, COVID-19 spreads mainly from person to person through respiratory droplets...

WHEREAS, COVID-19 progression in Washington State continues to constitute an emergency…

THEREFORE, I hereby order: Every person in Washington State must wear a cloth face covering... when in any indoor or outdoor public setting… Violators may be subject to criminal penalties pursuant to RCW 70.05.120(4).”

RCW 70.05.120(4) states: “Any person… refusing to obey any of the rules, regulations or orders made for the prevention, suppression and control of dangerous contagious and infectious diseases ... is guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or to imprisonment in the county jail not to exceed 90 days.”

Now that you understand that you can go to jail for not wearing a mask, let’s look at 9 reasons this new law is unconstitutional.

Nine Reasons the Mandatory Mask Order is Unconstitutional

#1 Only the People or the Legislature can pass a new law.

#2 There is no health emergency in Washington state.

#3 Even if there was a health emergency, requiring masks in public places would not reduce the rate of transmission because public places are not the primary location where corona virus transmissions are occurring!

#4 Even if corona virus transmissions were occurring in public places, all viruses spread so rapidly that it is impossible to change the eventual spread of viruses throughout the community.

#5 Even if was possible to slow the transmission rate of the corona virus, wearing cotton masks does not reduce transmission because the pore size in cotton masks is thousands of times larger than the corona virus.

#6 Wearing masks can harm your immune system

#7 Requiring children to wear masks is child abuse - because no child has been shown to transmit the corona virus to any adult.

#8 Requiring adults to wear masks is emotionally harmful to children as adults wearing masks around children causes children to react with fear

#9 School children have died from wearing masks


Here is a more detailed explanation of each reason:


#1 Only the People or the Legislature can pass a new law
The Powers and duties of the Secretary of Health do not include making laws – which under Article 2, Section 1 of our State Constitution is a power reserved for the legislature. Not even the Governor has the power to create laws. Just the People through Initiatives and the Legislature through the passage of bills. Even the legislature must hold public hearings and take a public vote before passing a new law. http://leg.wa.gov/CodeReviser/Pages/WAConstitution.aspx

The framework whereby one group (the legislature) creates laws while another group (the executive branch) enforces laws and a third group (the judicial branch) interprets laws is called Checks and Balances. Allowing the Governor or his appointees to create laws sets a dangerous precedent. For this governor to insist on this law is an abuse of power.

The one exception to this legal framework is if there is an emergency. The governor can create temporary rules to deal with an emergency. But the rules are temporary and the emergency must be a real emergency. We will therefore examine the basis for this emergency next.

#2 There is no health emergency in Washington state
Those who read and believe the mass hysteria media can be forgiven for believing that there must be a health emergency. Check out this scary headline from June 24, 2020:


However, at least in Washington state, there is no significant difference in daily or weekly or monthly or yearly fatalities in 2020 compared to 2019 or 2018.


Even after CDC efforts to artificially inflate corona virus fatalities, 2020 fatalities were the same before the lockdown – indicating the corona virus did not cause any additional fatalities – and after the start of the lockdown – indicating that the lockdown did not lead to any reduction in fatalities.


Equally devastating to the claim that there was a health emergency on March 20,2020 is this graph of US weekly Flu related hospital admissions before and during the time when the fatalities were claimed to have occurred: https://www.cdc.gov/flu/weekly/weeklyarchives2019-2020/data/senAllregt24.html


According to the CDC, corona virus hospital admissions in the US started falling rapidly on March 14, 2020 – one week before the first lockdown orders on March 20, 2020. Therefore corona virus fatalities should have started falling rapidly on March 21, 2020. But instead, the Washington State Department of Health began reporting huge numbers of corona fatalities that did not peak until Week 15 - the second week in April.


Note 1: Despite the Washington State Department of Health claiming that up to 28 Corona Virus fatalities per day occurred in Washington state, the total number of fatalities per day in the CDC data base showed no increase in 2020 compared to prior years. Source: Washington State Department of Health Corona Virus Dashboard https://www.doh.wa.gov/Emergencies/NovelCoronavirusOutbreak2020COVID19/DataDashboard

Note 2: CDC changed the rules for Death Certificates on March 5, 2020 just before Week 11- to list the Corona Virus as the cause of death even when there was no positive test and even when it was known that the actual cause of death was something else. See this link for more information on this change: https://commonsensebook.org/i-corona-virus-risks/1-corona-virus-fatalities/1-1-the-cdc-is-not-your-friend

Note 3: Washington State Lockdown Order Issued on March 20, 2020 at the end of Week 12

Here is a graph using the data in the above table:


This graph presents two problems. First, the 900 additional WA DOH claimed fatalities are not accounted for in the CDC data. Second, how can it be that there is a inverse relationship between corona hospital admissions going down and corona fatalities going up and a gap of 4 weeks between hospital admission peak and fatalities peak - when the CDC reports that there is only a one week gap between hospital admissions and fatalities? Here is the link to this CDC data: https://www.cdc.gov/coronavirus/2019-ncov/hcp/planning-scenarios.html


Hospitals in Washington are so Vacant that Many are Laying off Staff

Here is the number of corona virus hospital admissions:


Corona virus hospital admissions in our state never exceeded 80 people per day – and currently are at less than 30 people per day. This is in a state of 7.6 million people with tens of thousands of hospital beds and ICU units.


This is why the multi-million dollar emergency hospital built in Seattle in April 2020 never treated a single patient:


It is images like the above that have helped people realize that the claim that hospitals were being overwhelmed was not accurate.


The fact that there never was a health emergency to begin with means that Jay Inslee exceeded his authority and abused his power.

#3 Even if there was a health emergency, requiring masks in public places would not reduce the rate of transmission because public places are not the primary location where corona virus transmissions are occurring!

Requiring masks in public spaces does not reduce the corona virus because the primary location of transmission is indoors in private locations – the one place where masks are not required!

There are many indications that the corona virus is spread through close contact indoors – which explains why social distancing did nothing to reduce fatalities in the above graphs. One indication was the New York study. Data from 100 New York hospitals who surveyed 1000 new patients during the first week in May 2020 confirmed that 66% of new corona virus admissions were people who were at locked down in their homes and were following government guidelines to not leave their homes. An additional 20% were locked down in nursing homes and assisted living homes and also never went outside. Thus, 86% of all cases were transmitted inside of homes where masks are not required - rather than in public spaces where masks are required.



This study is proof that requiring masks in public places is simply ridiculous and not based on any rational science.


How viruses spread in homes
Viruses spread inside of homes because people transmit the virus before they even know they have the virus. But it would make almost no difference even if everyone in the home wore cotton masks inside of their homes because cotton masks do not stop the transmission of small packets of viruses suspended in the air that are called aerosols.

You have probably seen some version of this scary picture which is being used to justify mandatory mask orders:


The extremely simplistic and misleading picture shows a very ill person coughing viruses out in large droplets. The claim is that if we all wear cotton masks we can stop the spread of these large drops. Cotton masks might stop some of the large droplets. But the real problem is that infected people who have no symptoms exhale millions of viruses in small packets called Aerosols.

Here is a slightly more accurate picture of how viruses are transmitted. The person on the right is a sick person who is coughing and the person on the left is a person who might get infected from inhaling aerosols containing the corona virus:



Corona Virus Transmission Differences Between Aerosols and Droplets

As the above image shows, droplets are large packets of viruses and water that are subject to gravity and fall quickly to the ground. Droplets are what are caught in cotton masks when a very sick person coughs or sneezes.

Aerosols by contrast are extremely small packets of viruses and water that are not subject to gravity. Some researchers have made claims that aerosols are only in certain size ranges such as one to ten micrometers (There are 1000 micrometer in a millimeter and 1000 millimeters in a meter). By comparison, the corona virus, like the common flu virus, has a size of about 100 nanometers and an N95 mask has a pore size of 300 nanometers and small bacteria have a size of about 1000 nanometers or 1 micrometer (There are 1000 nanometers in a Micrometer).


As I explain in detail in my chapter on viruses in my free book, Common Sense versus Corona Virus Hysteria, scientists have known since 2015 that viral aerosols commonly exist in extremely small packets – even smaller than 1 micrometer - that can remain suspended in stable air conditions inside of buildings for very long periods of time and be carried throughout the building through the heating and air conditioning vents. Aerosols can be so small that they remain suspended in the air much like smog is suspended in the air pollution over a major city:


In fact, there is a very strong correlation between areas with high air pollution and corona virus fatalities. Three regions with some of the worst air pollution in the world - Wuhan, China, Northern Italy and New York City – all suffered from high corona virus fatality rates. It is likely that transmission often occurred through viruses piggy backing onto smog suspended in the air.

As I explain in detail in my article, Why Cotton Masks Do Not Stop the Corona Virus, N95 masks worn in hospitals have small enough pore sizes to stop most but not all small viral aerosol packets. However, the pore sizes of cotton masks are so large that aerosols easily pass through cotton masks. Cotton masks are the illusion of protection because they stop the easy-to-see large virus laden water drops. But wearing a cotton mask does nothing to stop the transmission of the corona virus simply because the holes in cotton masks are too large.

Build Up of Viral Aerosols inside of Enclosed Buildings

Within an enclosed environment, like a private home or a nursing home, virus-bearing aerosols from asymptomatic carriers readily accumulated, and elevated levels of these airborne viruses – which can number in the millions – are what cause transmission from person to person. 

Studies have found that millions of viruses are expelled not only when a person coughs or sneezes, but also when they talk, sing, or even just breathe. When an infected person emits these viral aerosols, they can land directly on people who are close by – including landing in their hair and in their eyes - which are just a couple of the modes of virus transmission – or fall on other surfaces such as pillows or clothing. But a significant portion of the aerosols will also get mixed into the air in the room and eventually into other rooms in the building, representing an unavoidable transmission route. Under stable air indoor conditions, virus laden aerosols can last for hours and be circulated throughout the building through heating and or air conditioning ducts from floor to floor.  The corona virus is very stable in aerosols. We have known about the concentration of viruses in buildings for at least five years. For more studies on this subject, read my free book at the website Common Sense Book dot org.

Aerosols Defeat the 6 Foot (2 Meter) Rule
The purpose of the 6 foot or 2 Meter rule is to protect against large virus laden droplets – which generally fall to the ground within 6 feet of a very sick person who is sneezing or coughing. However, aerosols even initially can extend way beyond 6 feet or 2 meters. Here is a link to a study that found viral laden aerosols can travel up to 25 feet: https://jamanetwork.com/journals/jama/fullarticle/2763852

Here is an image from a video study in Japan that found aerosols (the micro-droplets shown in red) from a single sneeze can spread throughout an entire 30 foot or 10 meter wide classroom in under 20 minutes:


Here is a link to this YouTube video (see Minute 5): https://www.youtube.com/watch?time_continue=2&v=LLzMDvzWeV8

The video recommends opening at least two windows at least once an hour so cross ventilation can reduce the concentration of viral laden aerosols. Opening windows certainly helps. But it does not eliminate this problem. Going outside helps even more. But if you live in a city with a lot of air pollution, there will still be viruses piggy backing on the smog.

N95 versus Surgical or Cotton Masks

There are three kinds of masks. N95 masks have small pore sizes, Surgical Masks have Medium pore sizes and Cotton Masks have large pore sizes. Here are images of all three:


N95 masks used in hospitals have been shown to be effective in stopping both the aerosol and droplet transmission of viruses. Surgical masks may stop the droplet spread of viruses but do not stop the aerosol transmission of viruses. Cotton masks do not appear to have any value at all and often increase the risk of infection.

A recent study found that both surgical and cotton masks were ineffective in blocking the corona virus. Here is the quote: “Both surgical and cotton masks seem to be ineffective in preventing the dissemination of SARS–CoV-2 from the coughs of patients with COVID-19 to the environment and external mask surface.” Here is the link: https://www.acpjournals.org/doi/10.7326/M20-1342

Here is a link to a study that compared cloth masks to both no masks and surgical masks. https://bmjopen.bmj.com/content/5/4/e006577

The cloth mask group had a higher rate of infection than the no mask group and a much higher rate of infection than the surgical mask group. The penetration of viruses was 97% in the cloth mask group versus 44% in the surgical mask group. Here is a quote: “The results caution against the use of cloth masks. This is an important finding to inform occupational health and safety. Moisture retention, reuse of cloth masks and poor filtration may result in increased risk of infection... cloth masks should not be recommended ... particularly in high-risk situations.”

Here is what the Johan Carlson from the Swedish Public Health Agency said on May 13, 2020, in response to a question on why wearing masks is not recommended in Sweden: "Face masks in public spaces do not provide any greater protection to the population."

Viral Laden Aerosols are Not Stopped by Cotton Masks

Here is an image from a June 13, 2020 study showing that more than 30% of aerosols go right through surgical masks and even 5% of aerosols go through N95 masks:



While the above study did not report on the transmission rate of aerosols through cotton masks, it is likely that the transmission rate of viral laden aerosols in cotton masks is close to 100 percent.

The point is that there is really no way to avoid viruses. Every time you breathe, you inhale a literal soup of a million viruses. This is why I have urged two things:

Number One: Work on protecting your immune system, because you are eventually going to get the corona virus. Anyone who says we can stop the corona virus simply does not know what they are talking about.

Number Two: Do not stay inside of your house! Go outside and go for a walk – without your mask on. In short, if you want to protect your health, you should do the exact opposite of what you are being ordered to do.

The government order to “Stay Inside to Save Lives” is false. Staying inside increases infections and fatalities. Going outside reduces infections and fatalities.


#4 Even if corona virus transmissions were occurring in public places, all viruses spread so rapidly that it is impossible to change the eventual spread of viruses throughout the community.
Nearly all viruses eventually spread throughout the community regardless of the social distancing or mask regulations. This is because viruses are everywhere. They are impossible to avoid. Being everywhere, viruses spread through exponential growth. It can be hard to understand how deceptive exponential growth can be. So let’s look at a couple of examples.

Assume you start with one person in the US with Brand X Virus and that one person infects one other person. Therefore by day 2 you have 2 exposed people. On day 2, these two infected people infect 2 more people. So on day 3, you have four infected people and on day 4, you have 8 infected people. How many days will it take to reach one million infected people? Here is the graph:


For the first 14 days, it will look like no one is being exposed. So no precautions will be taken. But here is the deceptive part of exponential growth. By the time anyone notices that there is a problem, it is already too late. In less than one more week, a million people are infected. And by day 21, two million people are infected. How many more days before the entire 330 million people in the US are infected?


Wow. It only takes 8 more days to go from one million to 256 million. Notice that no matter how many days it takes, the graph still looks the same.

In reality, what eventually slows down the rate of transmission is not social distancing or masks. It is simply that the virus runs out of people who are not already immune to it. For example, we now know that about half of the US population (especially younger people) are already naturally immune to the corona virus due to their exposure to similar cold viruses.

So the transmission rate of all viruses levels off in about 30 days because 165 million people in the US are already naturally immune and most of those who were not initially immune have recently been exposed to the corona virus and become immune that way.

So why does the media keep talking about new cases? It is simply this. The more tests you administer, the more cases you will get. But keep in mind that the test themselves are extremely inaccurate. Many of the negative cases are people who were exposed and fought off the virus – but the antibodies are too low to be picked up by the test. There are also a lot of false positives – as many tests cannot tell the difference between corona virus antibodies and other cold related antibodies.

#5 Even if was possible to slow down the transmission rate of the corona virus, wearing cotton masks does not reduce transmission because the pore size in cotton masks is thousands of times larger than the corona virus.

I covered this problem in detail in a recent article called Why Cotton Masks Do Not Stop the Corona Virus. Here is the link if you have not already read that article. https://commonsensebook.org/latest-news/why-cotton-masks-do-not-stop-the-corona-virus

Sadly, despite the fact that cotton masks do not stop viruses, some people think there is a benefit to them because cotton masks do stop the large drops typically emitted by infected people who are coughing. But as I hope you now understand, symptomatic cases coughing in public is not one of the primary transmission paths of the corona virus. The primary transmission path is asymptomatic people exhaling aerosols normally in a private home. So requiring people to wear cotton masks in public is truly ridiculous as it does not address the underlying cause of the problem.

#6 Wearing masks can harm your immune system

It might be acceptable to have everyone wear masks if it made them feel more comfortable about going out in public – and if there were no serious health drawbacks of wearing masks. But in fact, masks do not make everyone feel more comfortable. Instead, they simply instill more fear in people and make them even more afraid to go out in public.

As for the health drawbacks, there are several. A leading German virologist, Dr. Hendrik Streeck also stated that masks are a “wonderful breeding ground for bacteria and fungi”. 

The main problem is that - even when you are not sick - when you breath inside of a well fitted mask, you exhale air with a high concentration of carbon dioxide and a relatively low concentration of oxygen. You then inhale this same “bad” air back in again. You then repeat this process over and over again – with the air quality getting progressively worse each time you breath. It will soon become obvious to you that you are feeling ill and feeling like you are about to pass out. This is because your brain needs a lot of oxygen and is trying to warn you to stop wearing the mask.

Here is a link to a video showing how oxygen levels fall far below the minimum 19.5 % Oxygen minimum OSHA Air Quality Standard after just one minute of wearing a cotton mask:


The oxygen level fell from an initial room reading of 20.5% without the mask to 17.5 % oxygen inside of the mask after just one minute with the person just standing and not doing any work or exercise.

But the biggest problem is that a drop in oxygen levels is certain to harm your immune system – which is the only thing that actually is protecting you from the corona virus. There are several ways wearing masks harms your immune system. First, masks reducing the oxygen level in your blood. Second, masks increase the carbon dioxide level in your blood. Third, masks increase the concentration of viruses and bacteria you inhale - thereby increasing your risk of illness. Fourth, wearing masks can interfere with your immune system production of T cells.


Studies have shown that hypoxia can reduce the immune cells that fight viral infections (CD4+ T-lymphocyte). Here are a couple of links: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5359232/


The reduction in T cell metabolism and function occurs because hypoxia (low oxygen) increases the level of a compound called HIF, which reduces T-lymphocytes. This reduction in T cells increases the chances of you contracting any infection, including the corona virus - and makes the consequences of that infection much graver. In short, wearing a mask may actually increase your risk of infections.

People with cancer should certainly not wear masks since many cancers grow best in a low oxygen environment. Low oxygen levels may also play a part in increasing heart attacks and strokes – which along with cancer are the three leading causes of death. Some doctors have claimed there are even more serious problems with having sick people wearing masks. Here is a quote: “By wearing a mask, the exhaled viruses will not be able to escape and will concentrate in the nasal passages, enter the olfactory nerves and travel into the brain.” — Russell Blaylock, MD


#7 Requiring children to wear masks is child abuse - because no child has been shown to transmit the corona virus to any adult.

In my book, Common Sense versus Corona Virus Hysteria, I review more than 80 studies in this topic that were published prior to the release date of my book which was May 8, 2020. Since then, many more studies have been completed which also concluded the same thing: the corona virus is not a threat to children and children with the corona virus are not a threat to adults. Thus, there never was a rational reason to close schools and there is also no reason to require children to wear masks.

Here are a couple of additional studies that concluded that school closures and other draconian measures had no positive benefit:

School closures did not contribute to the control of the epidemic. Data from the SARS outbreak in mainland China, Hong Kong, and Singapore suggest that school transmission played no substantial role in the outbreak, and that school closures and other activities such as school temperature monitoring did not contribute to control of infection transmission. https://www.thelancet.com/pdfs/journals/lanchi/PIIS2352-4642(20)30095-X.pdf


On June 23, 2020, this French study was published. Here are some quotes: “Of the 1,340 people included in the study, 139 had been infected by the virus, representing 10.4% of the population under study. 510 students from six primary schools were included in the study. There were three probable cases of corona virus infection in three different schools before the schools closed for the February vacation and then for the lockdown. These cases did not give rise to secondary cases among other school students or teaching staff. Children did not spread the infection to other students or to teachers or other staff at the schools. The study also confirmed that younger children infected by the corona virus generally do not develop symptoms or present with minor symptoms that may result in a failure to diagnose the virus.”

#8 Requiring adults to wear masks is emotionally harmful to children as adults wearing masks causes children to react with fear
On April 17, 2020, Dr. Kathleen Pike from Columbia University posted an article, Psychological Harms of Face Masks. Here is a link to this article: https://www.cugmhp.org/five-on-friday/why-a-mask-is-not-just-a-mask/

Here are some quotes from this article:

"Many young children burst into tears or recoil when someone wearing a mask approaches. It’s so common that some elementary schools prohibit masks at the school Halloween parade. One reason for this is that the development of facial recognition is relatively weak in young children. According to University of Toronto psychologist, Dr. Kang Lee, it is not until kids are about 14 years old that they reach adult skill levels in recognizing faces. Before then, kids tend to see individual facial features, rather than recognizing the person as a whole. By putting on masks, we take away information that makes it especially difficult for children to recognize others and read emotional signals, which is unsettling and disconcerting. These issues may be especially true for children with autism spectrum disorder, including Asperger’s syndrome, who tend to have particular difficulties reading non-verbal cues.”

“We depend on facial expression to know and understand each other. With physical distancing, increased anxiety, and disrupted routines due to COVID19, we are primed to seek emotional connection by simply seeing each other’s facial expressions. We depend on non-verbal behavior, and particularly facial expression, to express ourselves and communicate to others. With our faces half-covered, we lose key non-verbal information, and other information, like raised eyebrows and shoulder shrugs become highly ambiguous without cues from the mouth. This loss of information is like talking on your phone in a zone with weak cell service. You know.. those times when you only hear every third word and eventually the call drops. The effect leaves us feeling less able to communicate and less able to understand each other.”

Maybe now you can understand why I think that requiring young children to wear masks and be in schools where teachers are required to wear masks is basically child abuse.

#9 School children have died from wearing masks
In late April 2020, in separate incidents in different cities, two boys age 14 and 15 died from exercising at school while wearing masks. Below is a picture of the 15 year old boy with his father on a prior outing.

The boy was declared dead at  Caiyuan Middle School in Henan Province of central China after jogging while wearing a mask during a PE class. 



Here is a quote from a June 3, 2020 article published in the British Medical Journal by Dr. John Ioannidis – one of the first scientists to question the corona virus lockdown narrative:

“How long of a lockdown is enough? If we open now, will lockdown recur in autumn? Next year? Whenever authoritarianism so wishes? No dictatorship could imagine a better precedent for absolute control. Lockdowns were desperate, defendable choices when we knew little about covid-19. But, now that we know more, we should avoid exaggeration. We should carefully and gradually remove lockdown measures, with data driven feedback on bed capacity and prevalence/incidence indicators. Otherwise, prolonged lockdowns may become mass suicide.” https://www.bmj.com/content/369/bmj.m1924

The June 2020 Mandatory Mask order will go down in history as one of the worst orders ever issued – along with the orders to shut down schools and businesses even though there was never any evidence of a health emergency. What there was evidence of is a very specific population at risk from the corona virus. This was and still is seniors over age 80 in nursing homes. But instead of improving the living conditions of these seniors, the government instead mandated that populations without any risk shut down their schools and businesses – and now requiring people not at risk to wear masks while in public places.

If you are an attorney, I hope you will challenge this order in court. For the rest of us, my advice is to use the thinnest most breathable cotton mask you can find – and poke a few extra breathing holes in it. Remember it is your immune system that stops viruses – not masks or social distancing.


As always, I look forward to your questions and comments.


David Spring M. Ed.

spring for schools at gmail dot com