Protecting the Right to Mask: Draft Legislation for Advocacy

Introduction

The option to wear a mask for health and safety should always be available, free from interference or restrictions. To safeguard the right to mask, we have developed a draft legislative template that can be used to introduce bills in your state legislature.

This page provides the tools you need to take action and ensure your community is protected. By working together, we can uphold the rights of individuals to make decisions about their own health and safety.

Draft Legislative Language

Below is a model bill designed to protect the right to mask in all public spaces. Legislators can adapt this draft to fit the specific needs of your state or municipality.

This template for draft legislation serves as a foundation to advocate for a “Right to Mask” bill, ensuring individuals retain the freedom to protect themselves and others from SARS-CoV-2 and other airborne pathogens. The framework is designed to serve as a starting point for discussions with state legislators, empowering communities to take proactive steps in safeguarding public health. Preserving the right to mask is essential for fostering an inclusive environment where everyone, regardless of their health status or vulnerability, can access public spaces and workplaces without compromising their safety. By establishing this right in state law, we uphold a fundamental public health principle and set a standard for preparedness against current and future airborne threats.

Title: Protective Medical Equipment Freedom Act

Section 1: Title

This Act shall be known and may be cited as the “Protective Medical Equipment Freedom Act.”

Section 2: Purpose

The purpose of this Act is to ensure that all individuals have the right to wear protective medical equipment in any place where they have the lawful right to be, thereby promoting public health and individual safety without discrimination or undue restriction.

Section 3: Definitions

For the purposes of this Act:

1. Protective Medical Equipment: Equipment that is worn to reduce or minimize exposure to health risks, which includes, but is not limited to, face masks, respirators such as but not limited to KN-95, N-95, FFP-2 and FFP-3 quality protection, elastomeric protection such as but not limited to P-100 protection, powered air purifying respirators (PAPRs), gas masks, gloves, face shields, protective eyewear, full body suits, gowns and small air purifiers worn on a lanyard.
2. Public Space: Any space or area that is open and accessible to the general public, including but not limited to parks, streets, public transportation, retail stores, restaurants, educational institutions, and healthcare facilities.
3. Private Space Open to the Public: Any privately-owned space where the owner allows the general public access, including but not limited to stores, malls, theaters, and recreational venues.
4. Private or Public Space with Controlled Access: Any space not covered by 1 or 2 above, where a person has been invited, permitted to enter, or otherwise has a right to be, including but not limited to places of employment, private homes, hospitals, prisons, courtrooms and jury rooms. 
5. Any Public Space and Private Space: Collectively the spaces defined in definitions 2, 3 and 4 above.

Section 4: Right to Wear Protective Medical Equipment

(a) General Right:

1. Every individual shall have the right to wear protective medical equipment in Any Public Space and Private Space  where they have a lawful right to be.
2. No person, entity, or authority shall deny, restrict, or infringe upon this right.

(b) Non-Discrimination:

1. No individual shall be discriminated against or penalized in any manner for exercising their right to wear protective medical equipment.
2. Discrimination under this Act includes but is not limited to denial of service, eviction from premises, pressure from employers, or any form of harassment or undue pressure to remove or refrain from wearing such equipment for any amount of time.

Section 5: Protection Against Retaliation

It shall be unlawful for any person or entity to:

1. Retaliate or take adverse action against an individual for wearing protective medical equipment.
2. Retaliate or take adverse action against any individual for asserting their rights under this Act or for reporting violations of this Act.

Section 6: Exceptions

(a) Security Requirements:

1. Protective medical equipment may be removed temporarily at security checkpoints only when necessary for identification purposes, provided that alternative measures to ensure safety and protection are offered.
2. Removal of protective medical equipment under this provision must be conducted respectfully and reasonably, minimizing any health risks involved.

(b) Operational Safety:

1. Specific types of protective medical equipment may be restricted if proven to interfere with the safe operation of machinery or hazardous environments, provided that alternative accommodations or equivalent protection is offered to the individual.

Section 7: Enforcement and Penalties

(a) Any violation of this Act shall be subject to appropriate legal remedies, which may include but are not limited to fines, penalties, and injunctions against the violating party.

(b) Individuals who believe their rights under this Act have been violated may file a complaint with the appropriate governmental agency or pursue civil action.

(c) Individuals whose rights have been infringed upon by a violation of this Act may seek civil damages in tort, including punitive damages, for physical, psychological, and emotional harm done by violator(s). This includes undue exposure to pathogens their protective medical equipment was meant to protect against.

Section 8: Severability

If any provision of this Act or its application to any person or circumstance is held invalid, the remainder of the Act, including the application of such provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. 

Section 9: Effective Date

This Act shall take effect immediately upon its enactment into law. 

Enacted by the [Governing Body] this [Date].

[Template] Call to Action: Support the Right to Mask Bill

We are at a critical juncture in advocating for the protection of personal autonomy and public health through the right to wear masks freely. Your voice is essential in ensuring this fundamental right is recognized and upheld. We urge you to take action today.

Contact Your Legislators:

Your elected representatives need to hear directly from you, their constituents, about why supporting the Right to Mask Bill is crucial. A personal message can make a significant impact. Here’s how you can help:

1. Find Your Legislator: Visit [insert website link your state legislature] to locate the contact information for your state legislators.
2. Reach Out: Call, email, or write a letter sharing your support for the bill. Use your personal experiences to illustrate why this issue matters to you and your community. If you have professional expertise, share your credentials and your knowledge. 
3. Be Clear and Concise: Express your support for the Right to Mask Bill clearly and succinctly, highlighting the importance of personal autonomy. Letters should be one to one and a half pages. 

Testify at the Committee Hearing:

Your firsthand experiences and stories can powerfully influence the decision-makers. The upcoming committee hearing is an opportunity to advocate for the Right to Mask Bill:

1. Sign Up to Testify: Visit [insert committee hearing registration link] to register your interest in speaking at the hearing. Slots may fill quickly, so act soon.
2. Prepare Your Testimony: Focus on why personal autonomy and the right to mask are important to you. Keep your testimony succinct and respectful. Testimony is limited, often to three minutes. Practice your remarks so they fit into the time limit. 
3. Attend the Hearing: Show your support, whether you are speaking or there to lend a supportive presence. Bring friends and family who share your commitment. In many states it is also possible to testify remotely. 

Your efforts can make a real difference in ensuring personal freedoms are protected. Thank you for taking action to support the Right to Mask Bill and standing up for individual rights.

Together, we can make a difference.

[Your Organization/Name] 

[Contact Information] 

Template Letter of Support for Right to Mask Bill 

[Your Name] 

[Your Address] 

[City, State, ZIP Code] 

[Email Address] 

[Phone Number] 

[Date] 

[Legislator’s Name] 

[Office Address] 

[City, State, ZIP Code] 

Dear [Legislator’s Name],

I am writing to express my strong support for [bill number and name]. The decision whether or not to wear a mask, or other protective equipment, should be an individual choice, respecting each person’s unique circumstances and beliefs. 

On a personal note, [Share a brief personal story or experience that highlights why this issue is important to you].

This right is vital for maintaining personal freedom and maintaining public health. Everyone should have the ability to make decisions about their own comfort and safety without fear of judgment or restriction.

I urge you to support legislation that protects the right to mask. Thank you for considering this important issue and for your service to our community.

Sincerely,

[Your Name]

Template of One Page Fact Sheet for Legislators

📢 FACT SHEET: The Right to Mask Bill
Protecting the Right to Wear a Mask in Public Spaces

What is the Right to Mask Bill?

The Right to Mask Bill ensures that individuals have the right to wear a mask or other protective equipment anywhere they have a legal right to be, including schools, workplaces, and public spaces. This bill safeguards personal health autonomy and ensures that no one can be forced to remove a mask against their will.

Why is This Bill Important?

✅ Protects Public Health – Many people wear masks to prevent the spread of illness, protect vulnerable loved ones, or reduce exposure to airborne hazards.
✅ Preserves Individual Autonomy – Every person has the right to make decisions about their own health without interference.
✅ Prevents Discrimination – No one should be excluded from education, employment, or public spaces for choosing to wear a mask and/or protecting their health and the health of others.
✅ Supports Workplace & School Safety – Employees and students deserve the right to protect themselves without fear of retaliation. 

Who Benefits from the Right to Mask?

• Children in Schools – Ensures students can wear masks for personal or family health reasons.
• Workers & Employees – Protects employees in workplaces, preventing unfair policies that require mask removal.
• Immunocompromised Individuals & Families – Allows people at higher risk of illness to safely participate in society.
• Public Health & Safety Professionals – Ensures that medical workers, caregivers, and others can continue using protective equipment.
• Anyone Protecting Public Health – Protects people who mask to protect their own health and/or the health of others

What This Bill Does Not Do

🚫 Does not require anyone to wear a mask—only protects the right to do so.
🚫 Does not interfere with private businesses’ ability to set general safety policies.
🚫 Does not mandate any new government health restrictions.

Conclusion

The Right to Mask Bill is a simple but critical protection for health autonomy, personal choice, and public safety. Legislators have a responsibility to ensure that individuals can make decisions about their own health without coercion or discrimination.

For more information, please contact [insert advocacy group or organization details].