(09-11-2021 07:06 AM)emu79 Wrote: This is from the White House web site. In a different article several journalists are confused whether the President was talking about indoor venues only OR both outdoor and indoor venues, but here's the official posting:
The President’s plan calls on entertainment venues like sports arenas, large concert halls, and other venues where large groups of people gather to require that their patrons be vaccinated or show a negative test for entry.
Note its not a mandate-YET.
Here's an article that shows at least one media outlet believes the request applies only to indoors.
https://6abc.com/biden-speech-today-live.../11011592/
Exactly!! Just remember the difference between authority under law and an exhortation.
POTUS has powers for things like employment (OSHA, part of the Labor Dept.), health care (Medicare/Medicaid funds), etc. but sports, entertainment are generally out of the reach of the Federal government unless someone brings a compelling case.
My 2 cents (now worth .34 cents after inflation) is that OSHA can require an usher or food vendor at Comerica Park to wear a mask but not a patron. One is an employee (think OSHA/DOL) and the other not.
Schools are interesting. Going back to the Civil Rights Acts in the 60s, the federal government got involved with education funding as a way of exerting influence over civil rights in the South. This was part of LBJ's plan to desegregate Southern schools. As I remember it was also designed to bring some financial EQUITY between school districts, i.e. raise up the poorer school districts.
I haven't paid much attention to the give and take between Biden and DeSantis.
See below for the relevant Civil Rights Act (1964) if anyone wants background info on federal dollars and education and wants to play lawyer.
Here is the legal description. [I did some Google searching years ago for someone writing a college paper on this subject.]
https://www.justia.com/education/discrim.../title-vi/
I believe this is the relevant area of the law:
"
Title VI of the Civil Rights Act of 1964 is the primary education law that protects people from discrimination based on race, national origin, or color in educational programs or activities.
The educational programs or activities that are covered by Title VI are those that receive federal financial assistance. The entity that receives federal financial assistance and must comply is known as the recipient.
Recipients that must comply with Title VI include state education agencies, vocational rehabilitation agencies, local education systems, colleges and universities, proprietary institutions, and libraries and museums that receive federal funds.
How Is Title VI Enforced?
The Office for Civil Rights (OCR) enforces Title VI as it applies to programs and activities funded by the federal Department of Education. "