MA High Court Dismisses Woman's Challenge To State Mask Mandate

BOSTON — The Massachusetts Supreme Judicial Court dismissed a lawsuit challenging the statewide mask mandate Monday, saying state and local leaders were right in disregarding the case since the mandate had been lifted.

The case focused on Arianna Murrell-Rosario, the owner of Liberty Tax Service in Lynn tax, who banned wearing masks inside her business while the statewide mask mandate was in effect.

After police received several COVID-19-related complaints about the business, Murrell-Rosario she put up signs in her Lynn office that read: "Masks are not allowed in the office." The federal Occupational Safety and Health Administration opened an investigation and said Murrell-Rosario refused to follow physical distancing and other preventative measures against the virus.

Murrell-Rosario was fined $136,000 by the Board of Health and ordered her to close the business.

A Massachusetts Superior Court judge upheld the city's penalties, but Murrell-Rosario appealed, arguing that federal workplace safety laws preempt Gov. Charlie Baker's authority to impose a mask mandate on businesses.

The court did not rule on the issue of whether Baker had the authority to impose the mandate in the first place, but the mandate on businesses was lifted on May 28, 2021, while Murrell-Rosario's appeal was pending.

With the mask mandate no longer in effect, attorneys for the city of Lynn argued that legal actions cannot be brought or continued after the matter - but Murrell-Rosario's attorneys argue the case is still relevant because "Gov. Baker could reimpose a mask mandate at any time."

Attorney William Gens, who represents Murrell, wrote in a court brief, "It is clear based upon announcements by the governor that any orders may be at any time reinstated."

Attorney General Maura Healey said in a court brief that she agreed with the Supreme Court's decision. "It is sheer speculation…to suggest that Governor Baker might again declare another state of emergency under the Civil Defense Act and again rely on that emergency authority to mandate the wearing of face coverings in indoor places," Healey wrote.

Murrell-Rosario argued that the masks may contribute to the spread of diseases such as COVID-19, bacterial infections, sinus infections, herpes, and even HIV.

"I believe the masks are actually the source — the potential source — of the spreading," she told CBS Boston. "There could be HIV virus on those masks, herpes, hepatitis viruses. ... We work extensively with the public. We cannot afford to have people out sick."

OSHA said it opened the investigation into Liberty Tax Service on March 17, 2021, following a complaint.

The investigation found employees were required to work long stretches next to each other without masks or 6 feet of distance, there was improper ventilation in the office and Liberty Tax Service failed to put in place physical barriers, pre-shift health screenings, enhanced cleaning practices and "other methods to reduce the potential for person-to-person transmission of the virus."

MA High Court Dismisses Woman's Challenge To State Mask Mandate originally appeared on the Boston Patch