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Attorney General Mark Herring on Tuesday said he has successfully defended Virginia’s “mask or face covering requirement” against a legal challenge brought by a Fauquier County winery owner.

“Wearing a mask is such an easy, effective way to help control the spread of COVID and to show your fellow Virginians that you care about the health and well-being of your friends, neighbors, and community,” Herring said in a statement.

Philip Carter Strother brought the suit on behalf of Philip Carter Winery, challenging the governor’s ability to order the use of face coverings and claiming the order conflicted with the criminal statute barring the wearing of a mask in public “with the intent to conceal his identity.”

Strother sought an injunction to opt out of the mask law at his winery. On Tuesday Judge Jeanette Irby of the 12th Judicial Circuit denied the request.

Irby ruled that the governor's powers "do not preclude him from issuing orders requiring face coverings, and in fact, VA CODE ANN 182.3-422 explicitly anticipates such an event.”

She also found that there “is no conflict between the criminal code and the executive order” because the executive order provides a specific purpose for the mask—“facilitating the protection of one’s personal health”—that makes the mask law inapplicable.

(4) comments


I won't be visiting that winery since the owner does not want to follow regulations.


Philip Carter Whinery


§ 18.2-422 It shall be unlawful for any person over 16 years of age to, with the intent to conceal his identity, wear any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons:

iv (b) 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.

Bogus public health emergency, COVID-19 is less lethal than the seasonal flu!

Also, what is the duration of the waiver? FOREVER? Marxist Communists at their best, twisting the law to their evil ends. i.e. CONTROL.


Allows "mostly peaceful" protesters to riot without ability to identify them in video.

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