# Judge overturns Oregon Governor's Covid-19 restrictions

**URL:** <https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083>\
**Category:** Politics & Elections\
**Created:** [May 19, 2020, 3:31am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083 "2020-05-19T03:31:23Z")\
**Posts on this page:** 20\
**Page:** 3

<div class="post-metadata">

**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [May 21, 2020, 2:35am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/41 "2020-05-21T02:35:41Z")

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> [@Aspenglow](#):
>
> You’re entitled to your opinion, of course. Everyone has one. But that’s all you’ve expressed.
> 
> In fact, the majority of citizens in Oregon support climate change action. Again, this is not a binary choice as you seem inclined to use in your posts. There are ways to address climate change concerns without “screwing industry,” as you put it. But we’re not discussing climate change remediation strategies in this thread.

how do they feel about financial ruin. Oregon has one of the lowest death rates in the country.

> [@Aspenglow](#):
>
> Unless you brought enough for the whole class, meaning every citizen in the United States who may be exposed to the breath of another citizen, as well as enough for those citizens to change those masks as often as necessary, this is an irrelevant and meaningless point.

what a load of nonsense. You would destroy the country waiting for something that will never, ever happen. Can you cite this is the Governor’s plan?

> [@Aspenglow](#):
>
> I suspect Governor Brown has already accomplished her goal of buying more time to do what must be done. You act like she is sitting on her hands. She’s not, and your failure to recognize that is telling.

I act like I think she’s already accomplished her goal of buying more time.

> [@Aspenglow](#):
>
> Personally, I have no problem with people gathering in their churches during a public health emergency that requires physical distancing, provided they are willing to stay in those churches and foresake public interaction for the entirety of a quarantine period.

Personally I have no problem with people gathering at their place of employment after 2+ months of financial chaos. Again, Oregon has one of the lowest death rates in the country.

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<div class="post-metadata">

**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [May 21, 2020, 2:39am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/42 "2020-05-21T02:39:02Z")

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> [@Monty](#):
>
> No, it was a rant about racism. Its purpose was to point out a bigoted mindset.

Bullshit.

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<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 21, 2020, 2:47am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/43 "2020-05-21T02:47:20Z")

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> [@Magiver](#):
>
> how do they feel about financial ruin. Oregon has one of the lowest death rates in the country.

… _because of our strict physical distancing and lockdown orders_. You consistently overlook this in your posts. It seems beyond your comprehension to understand that it is the very thing you are chafing against that have produced these low numbers.

\<snip\>

> [@Magiver](#):
>
> Personally I have no problem with people gathering at their place of employment after 2+ months of financial chaos. Again, Oregon has one of the lowest death rates in the country.

Again, because we locked down hard. People can go back to work as it becomes safe. Again, this is a public health crisis. Normal rules don’t apply.

[Governor Brown’s plan](https://www.kgw.com/article/news/health/coronavirus/governor-brown-plan-reopen-oregon-coronavirus-pandemic/283-3db3140c-4537-469f-9ab3-1faccbf85af3) (found with 30 seconds of Google).

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<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [May 21, 2020, 2:58am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/44 "2020-05-21T02:58:21Z")

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Since the discussion is largely political, let’s move this to Politics and Elections.

Colibri  
General Questions Moderator

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<div class="post-metadata">

**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [May 21, 2020, 3:07am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/45 "2020-05-21T03:07:34Z")

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> [@Aspenglow](#):
>
> … _because of our strict physical distancing and lockdown orders_. You consistently overlook this in your posts. It seems beyond your comprehension to understand that it is the very thing you are chafing against that have produced these low numbers.

No, I’m not chafing at anything. I agreed with you that the Governor got the numbers down.

> [@Aspenglow](#):
>
> .Again, because we locked down hard. People can go back to work as it becomes safe. Again, this is a public health crisis. Normal rules don’t apply.

Then you agree with people who are challenging the Governor’s plan going forward after doing an outstanding job.

> [@Aspenglow](#):
>
> [Governor Brown’s plan](https://www.kgw.com/article/news/health/coronavirus/governor-brown-plan-reopen-oregon-coronavirus-pandemic/283-3db3140c-4537-469f-9ab3-1faccbf85af3) (found with 30 seconds of Google).

Great, now dig through your cite and show me the governor is waiting for enough N95 masks for everyone which you seemed to think was important. Otherwise, admit your insistence that we have enough for everyone was a pointless mental exercise.

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<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 21, 2020, 3:10am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/46 "2020-05-21T03:10:09Z")

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\<snip\>

> [@Magiver](#):
>
> Then you agree with people who are challenging the Governor’s plan going forward after doing an outstanding job.

No. This makes no sense.

> [@Magiver](#):
>
> Great, now dig through your cite and show me the governor is waiting for enough N95 masks for everyone which you seemed to think was important. Otherwise, admit your insistence that we have enough for everyone was a pointless mental exercise.

Do your own homework, sport. You’ve offered no cite for anything you’re contending whatsoever. Your games are transparent and tiresome.

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<div class="post-metadata">

**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [May 21, 2020, 3:21am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/47 "2020-05-21T03:21:50Z")

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> [@Aspenglow](#):
>
> No. This makes no sense.

It makes perfect sense if you look at the numbers. You said yourself the Governor did a good job and I agreed.

> [@Aspenglow](#):
>
> Do your own homework, sport. You’ve offered no cite for anything you’re contending whatsoever. Your games are transparent and tiresome.

You’re the one that insists we all have masks. I called you on it. It’s nonsense. We don’t all need masks. I asked you to cite it was part of the Governor’s plan knowing it’s nonsense. It was to prove a point which sailed over your head.

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<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 21, 2020, 3:33am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/48 "2020-05-21T03:33:48Z")

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> [@Magiver](#):
>
> It makes perfect sense if you look at the numbers. You said yourself the Governor did a good job and I agreed.
> 
> You’re the one that insists we all have masks. I called you on it. It’s nonsense. We don’t all need masks. I asked you to cite it was part of the Governor’s plan knowing it’s nonsense. It was to prove a point which sailed over your head.

I’ve insisted nothing of the sort. With no acceptable citation whatsoever, you raised a point that N95 masks were widely available to the public. I simply pointed out that for masks to be effective – which is the point _you_ were trying to make – there needed to be enough for everyone, including replacements.

Of course, you also wrongly believe that masks protect the wearer.

_My_ point is that Governor Brown wants to extend the physical distancing rules and preclude large gatherings of people to avoid infection which – as you readily agree – is keeping the numbers in check. So this seems a reasonable ask on her part. I mean, since we can’t offer endless replaceable N95 masks to everyone.

Yet you are opposed to her efforts to extend the physical distancing rules which are keeping us safe. Can you explain why?

Again, the subject of this thread is a religious group that feels they are entitled to jeopardize the health of us all so they can ignore physical distancing to worship. They are actively working to undermine the tool that by your own admission is keeping us safe.

Your arguments make no sense.

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<div class="post-metadata">

**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [May 21, 2020, 4:04am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/49 "2020-05-21T04:04:06Z")

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> [@Aspenglow](#):
>
> Of course, you also wrongly believe that masks protect the wearer.

N-95 masks filter out the virus. You’re literally suggesting that vulnerable people not wear them.

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<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 21, 2020, 4:18am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/50 "2020-05-21T04:18:11Z")

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> [@Magiver](#):
>
> N-95 masks filter out the virus. You’re literally suggesting that vulnerable people not wear them.

In reality, what most people have access to is not an endless supply of N95 masks. Hence the need to continue physical distancing.

Because I make a point does not mean I am “suggesting” anything. This is an obvious, disingenuous rhetorical mischief you repeatedly employ.

There is no logical nexus between the things you assert and the conclusions you draw. Reminds me of a favorite old riddle:

Q: When is an orange like an orange?

A: A bicycle, because a vest has no sleeves!

Pointless to try and make sense of it, so I won’t.

Again, this is not a thread about masks. You don’t seem to have anything of value to offer to the actual discussion. I won’t continue with your obvious hijack.

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<div class="post-metadata">

**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\
**Post date:** [May 21, 2020, 4:18am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/51 "2020-05-21T04:18:31Z")

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> [@Magiver](#):
>
> So? That applies to every disease. The vast majority survive this virus.

But how do we know in advance who is going to survive? We know percentages and likelihoods, but no doctor in the world can say that you, Magiver, are guaranteed to live if you contract COVID-19, or that I am, or any other particular person. So who, EXACTLY, needs to be wearing a mask and who doesn’t?

> [@Magiver](#):
>
> this is a racist rant and serves no purpose other than to feed a bigoted mindset.

Yes, people who believe that only those Other People get the disease are bigots, and many are racists. Racism and bigotry are alive and well in the United States; racist bigots are some of the “people who are at risk [who] know who they are,” and sorry, they DON’T know.

> [@Magiver](#):
>
> Nothing is out of stock indefinitely and your cite is from a newspaper that in noway validates the on-going supply chain. The [US military has contracted 39 million](https://www.reuters.com/article/us-health-coronavirus-pentagon/pentagon-awarding-contract-to-boost-n95-mask-production-capacity-by-39-million-idUSKCN21T0U8) n-95 masks domestically over the next 3 months and we’re importing another 166 million.

Yes, the masks will come back into stock at some unknown future date. That doesn’t help if you need them right now.

Also, do some math. Those 39 + 166 million masks are spread over three months, which when combined with existing domestic production (~35 million/month) yields around 100 million masks per month. Now, how many Americans need masks, and how many do they each need? There are for example nearly a hundred million Americans aged 55 and over; if each gets just one new mask a month, you still have zero left for younger people with comorbidities, much less any left over for health care workers or others in high-risk work situations, or those such as prison guards and nursing home workers who are around people in high-risk categories. Are you assuming that no mask ever gets dirty, ripped, lost, or irrevocably contaminated, and that all of the masks can be sterilized and reused indefinitely? Nobody ever needs to go to work on a day when their mask is being sterilized?

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<div class="post-metadata">

**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [May 21, 2020, 6:35am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/52 "2020-05-21T06:35:30Z")

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> [@Aspenglow](#):
>
> YYou do not get to decide who lives and who dies. This is a public health emergency. The Governor is tasked with protecting the welfare of Oregon citizens – _all_ Oregon citizens – both their health and their economic well being. Health comes first. She’s already working to reopen industries that can be reopened safely. ‘Safely’ means no large gatherings of people indoors. Like in churches. She’s doing her job, and the Oregon legislature should be ashamed if they are not willing to assist her. Ill informed, cow county circuit court judges who are agenda-driven and not cognizant of the science of pandemics should also be ashamed. Their ignorance endangers us all.
> 
> I suspect Governor Brown has already accomplished her goal of buying more time to do what must be done. You act like she is sitting on her hands. She’s not, and your failure to recognize that is telling.

I think the point of the thread is that whether the Governor is doing a great job or a horrific one, Oregon law only allows her to have the exclusive say for 30 days. She is not a dictator or a monarch, so if it goes past 30 days then the people through their elected representatives get a say.

And that seems very reasonable to me.

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<div class="post-metadata">

**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [May 21, 2020, 9:04am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/53 "2020-05-21T09:04:29Z")

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It’s not reasonable to follow the rules when the result will be massive deaths. People who care about rules and regulations more than people are “just following orders,” which is not an excuse.

Sure, if they could just pass a law, that would be great. But one side is exploiting a loophole in the rules to do something morally horrible, killing people.

If the judge had, say, said that these people cannot stop a quorum, then maybe it would be okay to follow the rules. But when the rules are failing, and you have the power to fix it (which judges do by their ability to interpret the law) you have a responsibility.

This is because of morality: the choices you make that knowingly lead to horribly immoral outcomes are still your fault. Following the law does not change that.

Unfortunately, many lawyers get this basic aspect of morality hammered out of them, which is why you get unjust outcomes like this. They genuinely think being lawful neutral is good.

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<div class="post-metadata">

**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [May 21, 2020, 9:27am UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/54 "2020-05-21T09:27:44Z")

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> [@BigT](#):
>
> It’s not reasonable to follow the rules when the result will be massive deaths. People who care about rules and regulations more than people are “just following orders,” which is not an excuse.
> 
> Sure, if they could just pass a law, that would be great. But one side is exploiting a loophole in the rules to do something morally horrible, killing people.
> 
> If the judge had, say, said that these people cannot stop a quorum, then maybe it would be okay to follow the rules. But when the rules are failing, and you have the power to fix it (which judges do by their ability to interpret the law) you have a responsibility.
> 
> This is because of morality: the choices you make that knowingly lead to horribly immoral outcomes are still your fault. Following the law does not change that.
> 
> Unfortunately, many lawyers get this basic aspect of morality hammered out of them, which is why you get unjust outcomes like this. They genuinely think being lawful neutral is good.

You could say that about anything. The Legislature didn’t agree with my education proposal so we will suspend democracy because I can’t be asked to “just follow the rules” when children’s futures are at stake!

The rules are there for a reason. If you cannot get legislative approval, then maybe the legislature is a bunch of dimwits, but then the people will have gotten what they chose.

A contrary view is not a sterile legal argument but a core commitment to democracy. Your argument leads to despotic rule.

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<div class="post-metadata">

**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\
**Post date:** [May 21, 2020, 12:54pm UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/55 "2020-05-21T12:54:24Z")

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> [@BigT](#):
>
> It’s not reasonable to follow the rules when the result will be massive deaths. People who care about rules and regulations more than people are “just following orders,” which is not an excuse.
> 
> Sure, if they could just pass a law, that would be great. But one side is exploiting a loophole in the rules to do something morally horrible, killing people.
> 
> If the judge had, say, said that these people cannot stop a quorum, then maybe it would be okay to follow the rules. But when the rules are failing, and you have the power to fix it (which judges do by their ability to interpret the law) you have a responsibility.
> 
> This is because of morality: the choices you make that knowingly lead to horribly immoral outcomes are still your fault. Following the law does not change that.
> 
> Unfortunately, many lawyers get this basic aspect of morality hammered out of them, which is why you get unjust outcomes like this. They genuinely think being lawful neutral is good.

I’m sorry, but this is just ridiculous. This seems to put forth the position that elected leaders don’t need to follow the law as long as it seems like they are preventing “massive deaths”

Instead of just ignoring laws, the governor should have said on Day 1 - “My orders will only last 30 days, so during that 30 days, I will be working with the legislature to determine a way ahead after those 30 days, if it is necessary”

She shouldn’t just do nothing during those 30 days and then act surprised when she can’t just keep issuing orders without legislative approval.

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<div class="post-metadata">

**Author:** ![Kearsen1](https://avatars.discourse-cdn.com/v4/letter/k/3d9bf3/32.png) [@Kearsen1](https://boards.straightdope.com/u/Kearsen1)\
**Post date:** [May 21, 2020, 12:57pm UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/56 "2020-05-21T12:57:17Z")

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> [@Aspenglow](#):
>
> Of course you latched onto that, because it suits your narrative. As the article mentioned, there were over 100 other items of legislation that were scrapped because Republicans spit the dummy. It is the citizens of Oregon who were losers for that.
> 
> Wearing a mask does not protect the wearer. It protects others who are sharing air with the wearer. People who don’t wear a mask are basically advertising to those around them they couldn’t care less whether his/her fellow citizens catch COVID-19.
> 
> I think you’ll soon understand this fact within, oh, two to three weeks.

I’ve heard this often and I know it’s been in the MSM, but WHY? Why doesn’t it protect the wearer?

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<div class="post-metadata">

**Author:** ![xenophon41](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xenophon41/32/253_2.png) [@xenophon41](https://boards.straightdope.com/u/xenophon41)\
**Post date:** [May 21, 2020, 1:17pm UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/57 "2020-05-21T13:17:42Z")

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> [@Kearsen1](#):
>
> I’ve heard this often and I know it’s been in the MSM, but WHY? Why doesn’t it protect the wearer?

That’s a good question deserving a serious answer.

Any mask which presents a barrier to microdroplets of saliva and snot that the wearer expels with every breath, cough, sneeze or vocalized sentence will greatly cut down on the number of droplets which are released into the air (and which can sometimes remain suspended in the air for literally hours, depending on air exchange, humidity and other factors).

However, inhaling while wearing a mask will move the air surrounding the wearer’s head through the mask, filtering out most of the suspended snot droplets in that air and _allowing those droplets to adhere to the mask_. That greatly increases the chances that those droplets will be inhaled at some point into the wearer’s lungs, either through gaps in the sides of the mask, from being disturbed during adjustments by the wearer of the mask, or when the mask is removed and improperly handled after its extended use.

So, if everyone (or the vast majority) in an enclosed area wear the masks [properly], we’re effectively protecting everyone in the area from the few who are carrying the virus by reducing by orders of magnitude the amount of virus laden snot droplets they’re releasing into the area. Fewer snotlets in the air, fewer adhering to everyone’s masks, etc.

Does that make sense?

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<div class="post-metadata">

**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\
**Post date:** [May 21, 2020, 2:13pm UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/58 "2020-05-21T14:13:34Z")

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> [@Aspenglow](#):
>
> …
> 
> Governor Brown issued her emergency declaration and stay-at-home orders on March 8th. The legislature may have had to call a special emergency session to hear any proceeding pertaining to the pandemic – and the article is evidence of what Republicans may have done to stop whatever the Governor was trying to accomplish. I’m sorry you’re unable to connect those dots.
> 
> …

The Oregon constitution provides that when the Governor declares a Catastrophic Disaster the Governor “shall issue a proclamation convening the Legislative Assembly” unless the legislature is already in session or is scheduled to be in session in the next 30 days. See Oregon constitution Article X-A, Section 1, paragraph 4. Page 38 of my prior link.

The word “shall” is normally construed in legal-speak to be a command. It was Governor Brown’s responsibility to convene the legislature when she made the declaration. It was not up to her to wait for the legislature to do so.

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<div class="post-metadata">

**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [May 21, 2020, 9:14pm UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/59 "2020-05-21T21:14:59Z")

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> [@xenophon41](#):
>
> That’s a good question deserving a serious answer.
> 
> Any mask which presents a barrier to microdroplets of saliva and snot that the wearer expels with every breath, cough, sneeze or vocalized sentence will greatly cut down on the number of droplets which are released into the air (and which can sometimes remain suspended in the air for literally hours, depending on air exchange, humidity and other factors).
> 
> However, inhaling while wearing a mask will move the air surrounding the wearer’s head through the mask, filtering out most of the suspended snot droplets in that air and _allowing those droplets to adhere to the mask_. That greatly increases the chances that those droplets will be inhaled at some point into the wearer’s lungs, either through gaps in the sides of the mask, from being disturbed during adjustments by the wearer of the mask, or when the mask is removed and improperly handled after its extended use.
> 
> So, if everyone (or the vast majority) in an enclosed area wear the masks [properly], we’re effectively protecting everyone in the area from the few who are carrying the virus by reducing by orders of magnitude the amount of virus laden snot droplets they’re releasing into the area. Fewer snotlets in the air, fewer adhering to everyone’s masks, etc.
> 
> Does that make sense?

Your last paragraph doesn’t seem the follow the former ones. It seems as if I am reasonably confident that I am not a carrier, then wearing a mask would only increase the probability that I get infected by a person who is not wearing a mask. So my own selfish desire should be that I don’t wear a mask but hope everyone else does…sort of a prisoner’s dilemma.

> [@Iggy](#):
>
> The Oregon constitution provides that when the Governor declares a Catastrophic Disaster the Governor “shall issue a proclamation convening the Legislative Assembly” unless the legislature is already in session or is scheduled to be in session in the next 30 days. See Oregon constitution Article X-A, Section 1, paragraph 4. Page 38 of my prior link.
> 
> The word “shall” is normally construed in legal-speak to be a command. It was Governor Brown’s responsibility to convene the legislature when she made the declaration. It was not up to her to wait for the legislature to do so.

Yeah, this whole thing seems to be a failure of the Governor to recognize the limits of her authority and a failure to get a plan together to compel the attendance of recalcitrant Republicans. It seems she has the votes for an extension but sat on her hands and now the legislature is not even meeting which was here mandatory duty to call it into session when she declared the emergency.

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**Author:** ![xenophon41](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xenophon41/32/253_2.png) [@xenophon41](https://boards.straightdope.com/u/xenophon41)\
**Post date:** [May 21, 2020, 9:26pm UTC](https://boards.straightdope.com/t/judge-overturns-oregon-governors-covid-19-restrictions/854083/60 "2020-05-21T21:26:56Z")

</div>

> [@UltraVires](#):
>
> Your last paragraph doesn’t seem the follow the former ones. It seems as if I am reasonably confident that I am not a carrier, then wearing a mask would only increase the probability that I get infected by a person who is not wearing a mask. So my own selfish desire should be that I don’t wear a mask but hope everyone else does…sort of a prisoner’s dilemma.

Why are you “reasonably confident” you’re not a carrier? Were you tested this morning and already have the results back from a reliable lab? You wouldn’t know if you’re asymptomatically carrying the virus, so your confidence level should not be high. Particularly if you’re doing a lot of walking around in public without a mask.

Wearing a mask does NOT increase your chances of contracting the virus; this isn’t a prisoner’s dilemma. Your civic minded solution would be to wear the mask, minimize your time in crowded and enclosed areas and practice social distancing. That’s also your safest anti-virus solution, because wearing a mask, while it results in you wearing your own snotlets on the inside and other people’s snotlets on the outside of the mask also reduces the amount of other peoples snotlets you’re going to inhale per trip, provided you shorten your trips through crowded areas. But wash your hands and launder (or replace) your mask after every use.

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