By Michelle Mears 

June 2, 2020 

A San Diego Law firm filed in federal court Monday against members of the San Diego County Health and Human Agency. The lawsuit alleges that the requirement to wear masks is a violation of individual rights under both the Constitution of the United States and the California Constitution.

Arete Law A.P.C. filed a federal lawsuit against Dr. Wilma Wooten, Nick Macchione, and Helen Robbins-Meyer, alleging that the requirement to wear a facial covering when in public violates both federal and state rights. The lawsuit alleges the state is violating California’s police powers, Constitutional rights to privacy, Constitutional rights to move freely, Constitutional rights to personal medical decisions, and a violation of California Constitution Article 1 the Right to Liberty.

The lawsuit details numerous studies on how the wearing of either surgical or cloth facial coverings fails to prevent the spread of COVID-19 or protect someone from getting infected by the virus. The lawsuit also alleges little to no asymptomatic transmission.

“Our goal with this lawsuit is to inform Dr. Wooten and those who created this measure that the science and data out there regarding facial coverings and the spread of COVID-19,” says Attorney Philip Mauriello Jr. “The truth is that any argument they put forth is met with scientific studies disproving any rationale for masks.” Mr. Mauriello goes on to say; “Was the order to prevent the spread? Protect others? Stop the spread because of asymptomatic carriers? Our lawsuit shows that any of those reasons are not backed by science and thus the mask mandate is an unnecessary violation of our Plaintiff’s constitutional rights.”

Dr. Jeffrey Barke a family physician and Associate Clinical Professor at the University of California, Irvine School of Medicine, broke his silence last month before a public meeting with Riverside County Supervisors against mandated masks. The County Supervisors voted to no longer mandate masks.

Barke continues to advocate against mandated masks held a Facebook Live discussion on Monday with emergency room Dr. Dan Erickson and Dr. David Lang. One of the health issues around Covid-19 Barke brought up was on the public being forced to wear masks. Barke’s message and expertise have been quoted by Donald Trump Jr. and were a guest on the Dennis Prager Show while leading a rally in Los Angeles in May.

Dr. Lang said, “It is ridiculous. Masks do not help to protect virus. The World Health Organization has also come out and said masks are not useful and should be only worn by healthcare professionals. It is ill-advised.”

Dr. Lang continued saying, “I have been told by many people being forced to wear masks that they are coming home with headaches and breathing issues. I see no scientific evidence to support the general population to wear masks.”

Dr. Erickson told a story about how the manager of an AMPM Gas Station screamed at him for not wearing a mask. “There is a bit of ignorance in wearing these masks over your face. They give people a false sense of security,” said Erickson who compares the face-masks to control being used in communist countries.

“The people in communist countries are used to putting masks on when cold or flu season hits and I am little surprised in a country like ours that people are so quick to put something over their mouth that really has a better chance of causing disease than restricting it,” said Dr. Erickson. “Too many people are going along with the group think on this. The fog of war is so thick on this. People are afraid of what they are hearing in the news or the internet.”

Dr. Barke said, “Unless you are used to wearing a mask and it’s fitted properly it won’t ever help you.” Barke also advises people to not wear masks while driving or running or walking.
“I am getting reports on people having physical harm from wearing masks when they shouldn’t because it impairs their ability to breathe,” said Barke.

Dr. Lang said, “We wear masks in the surgical room to prevent saliva or drool to enter a wound not so much to prevent the transmission of viruses.”

According to the Arete Law Firm, there are plenty of studies and science coming out that shows the use of face masks is ineffective against the spread of COVID-19.
“We acknowledge while there is the authority to implement measures to prevent the spread of a contagious disease, they must be reasonable and narrowly tailored to achieve that goal and not infringe on one's fundamental rights,” said Mauriello.
Read the full complaint by visiting https://www.arete.law/post/arete-law-a-p-c-sues-dr-wooten-in-federal-court-over-mask-mandate