“I have my rights!”
“Don’t tell me what to do!”
“This is a freedom issue!”
All of us have rights.
Often, one person’s right to do or say something may collide with some
else’s right. One of our courts’ primary
roles is to decide in these disputes whose has the better argument. These
issues are not scored 100-0 in favor of the winner. The decisions are nuanced as often both sides
have a reasonable claim to argue. That's why the issue ended up in court. And,
as we know, the same set of facts might have led to a different result if a
different judge or a different court had heard the case.
I have heard and read about individuals who have refused to
wear a mask because they argue it encroaches on their personal freedom. They have a right to determine their own
dress code and the government has no right
to impose its will on individual citizens. We’ve heard similar arguments offered by businesses who wish to open up
faster than the government or public health officials have advised.
Some folks never leave the house without a mask.
I acknowledge that an individual who is required to wear a
mask has a claim that his rights are being violated. It is a governmental (or corporate)
interference with an individual’s personal freedom. And, this country, unlike many of our global
competitors, was founded on individual rights, as chronicled in the first ten
amendments to the constitution. In other words, the guy has a case.
But, society also has rights and there are instances where
their rights should prevail over that of an individual. For
example, if a parent decides for whatever reason not to administer recommended
vaccinations to their children., should these children be permitted in public
schools, recreational facilities, summer camps,
movie theaters, birthday parties or amusement parks? An unvaccinated child, if given full access to
society, could expose thousands of people, -
including the elderly, the very young and immunocompromised – to the risk of serious illness. These people also
have rights. In other words, these folks
have a case.
Similarly, an unmasked man in the public square might be
unknowingly infected with the novel coronavirus and could infect those who are
near him. Keep in mind that COVID-19 has
no available vaccine or approved treatment yet.
The people who are in close proximity to the unmasked man also have rights. They also have a case.
As I see it, both as a medical professional and a citizen, the public health argument triumphs. And, I don’t think that every dispute must be argued or litigated. Regardless
of your presumed legal right, why not simply do what is right?
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