I often scratch my head by how little our state legislature and governor know about the US Constitution;
Governments in South Dakota, across the country and the world used mask mandates and business restrictions to slow the spread of the COVID-19 pandemic.
Some lawmakers, though, say those mitigation efforts don’t jive with the First Amendment of the U.S. Constitution. And now a bill making its way through the legislature would narrow the scope of when cities, counties and townships can make people wear masks or force businesses to close in the name of public health.
It is NOT a 1st Amendment issue, it has to do with trespassing and property rights which is covered under the 4th Amendment;
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The 5th and 14th could also apply. But I have often said that mask mandates in general are moot because the US Constitution already protects business owners from trespassers. If you have a sign on the front door of your business that says you must wear a mask and you refuse, that business can call the police and you can be prosecuted for trespassing. Those laws already exist.
I would argue that any municipal government can implement a mask mandate as long as that mandate is about private business and private property and within their 4th Amendment rights (in other words private businesses and even churches could ignore the mandate).
The 1st Amendment argument holds no water because as we saw with Trump’s Twitter ban, private business CAN limit your speech on their premises, platforms or property.
Where I would side on the 1st Amendment argument is that it would be unconstitutional for government to mandate mask wearing on their (your taxpayer funded) property.
Once again the statehouse is filling their short session with foolishness.