Health Freedom Defense Fund Sues Hailey AGAIN Over Mask Mandate

Health Freedom Defense Fund (HFDF) has once again sued the City of Hailey, Idaho for violating federal law by mandating facemasks. September 13, 2021, the Hailey city council voted unanimously to reinstitute another unlawful mask mandate upon its citizens. HFDF responded by suing Mayor Martha Burke and the City of Hailey on September 26, 2021. While many cities and locales have mandated masks in the US, these mandates violate federal law.

In the US, most masks have been issued under Emergency Use Authorization (EUA) and the terms of the EUA granted by FDA clearly state that the product must not be: “labeled in such a manner that would misrepresent the product’s intended use; for example, the labeling must not state or imply that the product is intended for antimicrobial or antiviral protection or related uses or is for use such as infection prevention or reduction”. 

Thus, the FDA recognizes masks do nothing to stop the spread of viruses or infectious agents. 

Not only does FDA acknowledge masks do not prevent the spread of the virus, the terms of the EUA also require that those using the products be given the right to accept or refuse use of the product. See Link

Health Freedom Defense Fund and its members have opposed Hailey’s unlawful mask mandates since the first mandate was implemented in July of 2020 due to the fact they are unscientific, a violation of federal law, and a violation of basic human rights. Throughout 2021, HFDF sent the city demands to repeal their mask order informing them legal action would come and finally after no action was taken, HFDF sued Mayor Martha Burke and the City of Hailey in May 2021.  

The same day the lawsuit was filed, Hailey Mayor Martha Burke issued a new health order removing Hailey’s mask mandate which was followed on May 10th, with a vote by the city council to rescind the mask mandate.

The City has twenty days to respond to the filing.  

HFDF president Leslie Manookian said, “Not only are mask mandates illegal, they violate some of our most basic human rights such as the right to determine for ourselves how we stay healthy as well as the right to breathe unhindered and no government official has the right to deprive us of those rights.” 

As a factual matter, the Mask Mandate is a human experiment forced on the citizens and Masks Have No Benefit in Reducing or Preventing Infection From SARS-CoV-2. The FDA has determined that the efficacy of face coverings for reducing or preventing infection from SARS-CoV-2 has not been established, and that it would be misleading to state that they are effective in preventing or reducing such infection.

In the EUA authorizing general emergency use of face masks, the FDA stated that it would “would misrepresent the product’s intended use” to state that it “is for use such as infection prevention or reduction”.

Similarly, the FDA has stated in three instances that face masks are not intended to reduce or prevent infection:

The product is not intended for any use that would create an undue risk in light of the public health emergency, for example the labeling does not include uses for antimicrobial or antiviral protection or related uses or uses for infection prevention or reduction or related uses and does not include particulate filtration claims. Id. at 7, repeated twice on page 8.

These references and many more representing the unlawful, unethical and detrimental effects of mask mandates are all documented in the lawsuit against Hailey which can be read here.