Just a couple hours ago there was a ruling handed down in the Bandimere Speedway case. Essentially the speedway was in trouble for holding their July 4th spectacular and having what the county deemed as “too many fans, and not abiding by social distancing rules”.

Today the judge in the case determined that an injunction is a moot point at this moment, as the county has now issued a new mandate that requires all persons to wear masks in public. It also states that all venues must present a “safety plan” to hold any outdoor events with spectators that will exceed 175 people.

The judge in the proceeding did refer to something that should alarm everyone reading this though while speaking to the parties about the case. She referred to a 1905 Supreme Court case, Jacobson vs. Massachusetts, in which Jacobson refused Smallpox immunization that was set forth by the local health department. Jacobson v Massachusetts

The liberty secured by the Constitution of the United States does not import an absolute right in each person to be at all times, and in all circumstances, wholly freed from restraint, nor is it an element in such liberty that one person, or a minority of persons residing in any community and enjoying the benefits of its local government, should have power to dominate the majority when supported in their action by the authority of the State.

It is within the police power of a State to enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of the public health.

What that really means is that the state and their entities like the board of health do have the right to force things like masks, social distancing, and vaccination, when used for the greater good. If that doesn’t open your eyes, I worry for you.

The judge also stated that she expects both sides to work together and that Bandimere will follow the health department guidelines. It was stated that if Bandimere doesn’t follow the guidelines and the two sides don’t work together moving forward, she will expect to see them in court again.

There is a huge issue with this though. The fact is that a track like Bandimere, as they argued in court, cannot survive as a business if limited to 175 persons. If they are going to have to lay down a “safety plan” at this point, I don’t think it will matter. The process has gotten to the point whereas I personally believe that the health department will find every reason to deny them and their safety plan, with the excuse of public health backing it.

I don’t see any of this as a victory for either side in the case, and honestly, I see it as a slap in the face to small businesses, while other large-box chains can pretty much do whatever the hell they want to do.