There is a specific exemption for medical use... https://law.lis.virginia.gov/va...

ceejayoz · on March 31, 2020

No, that exemption requires a doctor's affidavit or an explicit disaster waiver from the Governor. iii) can only be read with its a) and b) subparts.

ii) is more useful here.

> engaged in ... other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons

koheripbal · on March 31, 2020

No, that's your interpretation - not what any court has determined. I would argue that direction from the NIH, CDC, Virginia Department of Health, and/or literally everyone's current doctor constitutes "the advice" needed under the law.

Not a single court on the planet right now would be so idiotic as to side with your interpretation of that law.

ceejayoz · on March 31, 2020

It's not my interpretation. Just read the thing.

Section iv.) says "upon a) or b)". a) says "carrying on his person an affidavit from the physician"; b) says "the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver"

It's quite clear. Section ii.) gives much more wiggle room; you could cite the NIH, CDC, etc. there. Section iv.) says only the Governor's declaration (with very specific requirements the current emergency declaration doesn't give) or an actual physical affidavit you're carrying with you count for its exemption.