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PANHANDLE HEALTH'S MASK MANDATE AUTHORITY IS BOGUS

TL;DR

  • Panhandle Health mask mandate has no legal standing based on the Idaho codes they provide in the order.
  • Central District Health will be trying to force through the same type of order with even less-yet scarier-Idaho codes provided.
  • If nothing else, you can pray that the CDH board of trustees will do the RIGHT thing.

Boise is about to get played the same way.

With today's upcoming 2nd round of Central District Health discussions regarding a potential mask mandate, I went and brushed up on my comprehension of not only the CDH potential mandate, but also our own Panhandle Health mask mandate. After reading both "emergency" orders, I am left just as angry now and I was when the PHD mandate was put into place 3 weeks ago.

Let's start with the Panhandle Health "Face Coverings Order" since that one is already in affect. According to the Emergency Order, Panhandle Health put together this order on the basis of the following:

  1. The virus is a risk to the elderly population and other vulnerable members of the public.
  2. Virus is easily transmittable and it's essential to "flatten the curve" to help with the influx of people into hospitals.
  3. Kootenai Health has expressed concern for the ability to provide service for all patients.
  4. All of the above issues would go away if there were a face coverings mandate in place.
  5. For all of these reasons, by the authority of certain Idaho codes which I'll get into in a second, they have the power to put this mask mandate in place.
Here's where I start to question everything that was supposed to be the reasoning behind the mandate. Items 1, 2, and 3 on the above list are, and have always been, issues during the flu season. It is said that this virus is acting like a rough strain of seasonal flu (even though it's actually in the common cold virus family). With that being the case, my question is why have face coverings never been in affect before? If "medical professionals" think that it's the MOST important thing to stop the spread, why have they NEVER worn face coverings 100% of the time in the past during flu season like they're trying to push now?

These are questions that we've all been trying to get answers about for ALMOST A YEAR NOW, and we're not likely to get anything truthful in the present time, so let's just skip those musings of an uneducated peon like myself. Let's get to the crux of the entire PHD mandate: the Idaho Statutes cited on the mandate that supposedly give the health district the power to disregard any Constitutional health rights "for the greater good."

There are four (4) Idaho laws that are cited in this ENTIRE PHD mandate:
  1. Idaho Code§ 56-1003(7) - Gives the health director the authority to impose or enforce orders of quarantine or isolation to protect the public health.
  2. Idaho Code§ 39-415 - Gives the health district authority to issue quarantine procedures.
  3. Idaho Code§ 67-5247 - Gives the health district authority to make emergency orders in a situation involving an immediate danger to public health, safety, or welfare requiring immediate action.
  4. IDAPA 16.02.10.065.09 - Gives the health director authority, if a person is identified to need quarantine, to classify a location as a place of quarantine and to require that no persons will leave or enter during the period of quarantine except with specific permission of the issuing officer. Here's the kicker: in order for the director to declare a location as a place for quarantine, the order has to be filed with the courts and a copy of the quarantine HAS to be given to the following FIVE people:
    1. Any individual being quarantined,
    2. The attending licensed physician,
    3. The prosecuting attorney,
    4. The office of the issuing Sheriff officer PLUS signed affidavit by the person who served the order, and,
    5. The person in charge of the place of quarantine (if it's not the same person as the one who is being quarantined in the first place).
What does this all mean? It means the health district director has the authority to put emergency orders and quarantine orders in place, under correct quarantine procedures, as long as those procedures are followed correctly through the courts. NOWHERE does it even imply that forced masks are a valid quarantine process, and even the definition of QUARANTINE, according to Idaho Code 56-1001(8), "means the restriction placed on the entrance to and exit from the place or premises where an infectious agent or hazardous material exists." 

We all know that the Sheriff will not enforce this Panhandle Health mandate, so why even bring it up?
Because this "mandate" isn't even a mandate at all; with the Idaho Codes being used as the reason to try to make this order valid in the first place, the health district is trying to pull a fast one on us hoping no one would actually look at the scary-sounding state laws trying to make this official.

The point is, this document is no more important than the toilet paper that makes its way off the Walmart shelves faster than the old Tickle Me Elmo dolls at Christmas time. If I was 100% honest, I'd place the toilet paper as a higher importance than the document. It's time to get the word out that the North Idaho PHD mandate is BS, and really help people understand WHY it's full of BS.
 

What is going to happen in Boise?

The same thing that happened to us in North Idaho is about to happen to the Central Health District area which includes Ada, Boise, Elmore, and Valley Counties. The health district is about to put the same type of mandate in place, although this time they're stating only ONE Idaho law for the ENTIRE order:
  • Idaho Code§ 39-414(2) which states: The powers and duties of the district board extend "To do all things required for the preservation and protection of the public health and preventive health, and other things delegated by the director of the state department of health..."
This scares me a bit because if they're using this one code, which was originally written to show that the health districts have just as much authority as the state department of health and welfare, as the code to give the district broad, unenumerated powers over the people in their district, what's to say they can't bring in the military and force everyone to get a vaccine? I totally just used that as a scare tactic but I'm just asking what's the difference between a mask and military in this document or the next?

IF, and this is a big IF, the Central Health District board actually votes in this piece of garbage, there is one interesting exemption that will work for EVERYONE in regards to masks at work: Section B(f) - People for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines. OSHA workplace guidelines 1910.134 regarding Respiratory Protection and Personal Protection Equipment includes definitions of approved PPEs - which don't include BS face coverings in the CHD mask mandate - and it also tells the minimum amount of oxygen in an oxygen-deficient atmosphere. Breathing in and out ONCE through a CHD-approved face covering already puts the person in an unsafe, oxygen-deficient atmosphere. So if this dumb mask mandate is approved, there's your OUT for having to wear masks at work. Like I said, one interesting exemption in this piece of garbage paper.
 

What can we do to help?

The Central Health District has their meeting today at 2:30pm PST at the CDH office. If you remember, that is about a 15 minute drive to the Anne Frank Memorial, so you can be assured that if anything happens to the memorial again, it AGAIN is not the CHD protesters who did it (although Governor Little really turned on the blame game and made it sound like protesters + Anne Frank Memorial = White Supremacists).

There are three things you can do:
  1. Pray. Pray for protection of the protesters, the wisdom and clarity of the health district board, and all those making hard decisions today.
  2. Watch the board meeting via YouTube.
  3. Watch the protests outside via Miste Karlfeldt or Pam Hemphill. I don't know if either of them will be at the protests, but I wouldn't be surprised if they showed up so here's the YT links just in case.

We are starting to wake up to the control we've allowed others to have and we're starting to push back. I know it seems like a lot to do in a little time, but we have to remember it took a long time for us to get into this mess so it's going to take a long time to get out. I'm definitely not saying to give up, just the opposite really, I'm just saying these things take time and don't lose hope when it seems like nothing is going our way. It may seem like we take 2 steps back for every step forward, but we're taking steps forward in the RIGHT direction, not the easy one.

Also, just a reminder, I am not a lawyer and I do not give legal advice; I'm just a curious person and one that stands for truth and freedom. Because of this I like to research things, and I like to share those things with you to help you elevate your own knowledge, health and well being. :)
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