Ralph Northam and his banana republic face mask mandate

ANALYSIS/OPINION:

Gov. Ralph Northam issued an order from his governor’s mansion in Virginia requiring every man, woman and child in the commonwealth — on that last, those over the age of 10 — to wear face masks as a condition of entering any enclosed space.

But boy, what a monkey-like, banana republic gymnastic jump over rule of law he did.

And if not rule of law — certainly, spirit of law.

In Virginia is Code 18.2-422, a “prohibition of wearing of masks in certain places,” the one that makes clear it’s “unlawful for any person over 16 years of age to … wear any mask, hood or other device whereby a substantial portion of the face is hidden or covered.” The code carries a Class 6 felony slap on violators.

There are several exemptions of the code, one of them being for public health emergencies declared by the governor during states of emergencies or disasters.

To tap into that exemption, the governor has to “expressly” waive that section of the code, define “the mask appropriate for the emergency” and provide “for the duration of the wavier.”

Northam did so, via separate executive orders issued in May — but he made the waiver “retroactive to March 12, 2020,” as Employment Law Watch reported, which happens to be the actual date of his declaration of a state emergency due to COVID-19.

In other words, he did a cover-your-butt move to appease his legal nail-biters. Letter of the law? Spirit of the law?

Then there’s this: The code requires Northam to define the “mask appropriate for the emergency.” One of his most recent executive orders stipulates his waiving of 18.2-422 of Virginia Code “so as to allow the wearing of a medical mask, respirator, or any other protective face covering for the purpose of facilitating the protection of one’s personal health in response to the COVID-19.”

Like a “scarf, or bandana” — as NBC 12 reported?

An old, balled-up t-shirt perhaps? A KKK hood borrowed from one of Northam’s old college pals?

Whatever signals virtue, it would seem.

Here’s the thing: If the justification for Northam’s face mask mandate is to prevent the spread of the coronavirus, shouldn’t sound science be the basis for the mandate? For the waiving of 18.2-422?

It’s dubious a bandana loosely tied about a face is a medically sound means of keeping at bay a microorganism. And Northam knows that — else he wouldn’t have put it on the backs of the private sector to enforce his order.

Northam specifically left enforcement of his order to local health officials, not police. That means businesses, fearing health inspectors, will post signs in their doors prohibiting entry to anyone without a face mask. What a clever duck of political accountability — putting the fear of compliance onto the shoulders of private businesses that have more legal leeway than government with pushing requirements onto customers. It’s called using the private sector for government gain. But what it also means is that Northam, quietly, acknowledges his mandate has no force of law.

It has no real root in law.

What would police charge violators with — breaking an executive order? That’s not how we do business in America. That’s not how an American government is run.

In America, there’s law, there’s order — and there’s unlawful law and order. And governors across the nation, using COVID-19 as cause, are getting pretty fast and loose with their executive orders, demanding citizens and the private sector do everything from staying home to wearing face masks to keeping out of church.

Northam’s just the latest power-hungry Democrat to take advantage of the virus and exert ridiculous controls on a suffering citizenry.

But remember this: Virginians, come Friday, may be wearing face masks in public buildings. But Virginians, as well as fed-up Americans across the nation, won’t forget the unconstitutional maneuverings of far-leftists in office at the next ballot box opportunity.

If Democrats do anything well, it’s overreach. Get ready for a red wave. Today’s forced face mask wearer is tomorrow’s Republican voter.

Americans are about done with “I am zee law” governors tossing down nonsensical executive orders from their ivory towers.

• Cheryl Chumley can be reached at cchumley@washingtontimes.com or on Twitter, @ckchumley. Listen to her podcast “Bold and Blunt” by clicking HERE. And never miss her column; subscribe to her newsletter by clicking HERE.