Ben Baker bill limits quarantines, virtually outlaws rules on masks, social distancing

If Ben Baker has his way, the next time a pandemic hits Missouri (or if this one happens to take a turn for the worse), the government won't be able to do anything about it.

Baker's latest bill, HB 1358, which he calls the "True Covid Liability Act," eliminates public health actions in favor of "personal responsibility."

The bill, which was filed Monday has an emergency clause, meaning it would go into effect immediately if passed.

Baker bases the bill on scientific theories including the "if you're going to get a disease, you're going to get a disease and there's not much you can do about it" theory and the "some people can take a viral load while others can't" theory."

In other words, Baker is relying on the same information that he and the Proud Boys used to bully the Neosho City Council when it was considering a mask mandate.

Baker's bill would prohibit quarantining a person who has been in contact with someone who has the disease unless you can prove that person also has the disease.

It also outlaws public health actions such as social distancing requirements and masks unless an "extraordinary prevalence of a contagious disease" has been proven.

The bill includes this nugget of Ben Baker wisdom:

The principal office of government is to secure the individual liberty of the people, including the freedom to make choices about how to personally deal with contagious diseases. 

This apparently includes the freedom to spread those diseases to other people who are following good health practices.

Hopefully, those other people can take a viral load.

The text of Baker's bill is provided below:

The provisions of this section shall be known and may be cited as the "True COVID Liability Act". 

The general assembly finds and declares that: 

(1) Epidemiology is an inexact science and experts in that field hold a diverse set of opinions about how best to deal with contagious diseases from a public policy perspective; 

(2) Public policy relating to contagious diseases should take into account numerous aspects of life beyond the scope of epidemiology, such as economic, social, spiritual, and mental well-being; 

(3) Contagious diseases including, but not limited to, COVID-19 tend to be ubiquitous. Because of the prevalence of contagious diseases, exposure is practically unavoidable for most people and likely to occur from multiple sources. It may be virtually impossible to tell where and when exposure occurs; 

(4) Susceptibility to contagious diseases depends greatly on personal choices and individual characteristics. Hygiene, diet and nutrition, lifestyle, body condition, and other factors may cause some individuals to succumb to exposure to a contagious disease while the same viral load in another individual would be within his or her immune system's ability to fight off; 

(5) Personal accountability is central to the American ethos; 

(6) The 2020 response to the COVID-19 pandemic has resulted in questionable use of power by both state and local governments; 

(7) There is no single public policy solution suitable to everyone 's needs and desires;

(8) Fear of legal liability associated with COVID-19 has placed pressures on the private sector, resulting in decisions that are not best for the economy or the physical, emotional, or spiritual well-being of Missourians; 

(9) Government-mandated responses to contagious diseases always place unequal burdens on people with varying circumstances. An edict may be of no great consequence for some individuals but economically or emotionally devastating for other individuals; 

(10) The principal office of government is to secure the individual liberty of the people, including the freedom to make choices about how to personally deal with contagious diseases. 

3. For purposes of this section, the term "extraordinary prevalence" means significantly greater prevalence than is typically found in similar places within the same timeframe. 

4. Notwithstanding any other provision of law, neither the state nor any political subdivision of the state shall, as a response to a contagious disease: 

(1) Quarantine an individual, issue a stay-at-home order for an individual, or otherwise isolate an individual if a contagious disease has not been positively identified in the individual; or 

(2) Limit the use of or otherwise lawful activities in any private property or premises under circumstances in which extraordinary prevalence of a contagious disease has not been proven. 

5. Notwithstanding any other provision of law, no individual, owner of premises, or any other entity shall be subject to criminal or civil liability in any action alleging exposure to a contagious disease on premises under the control of the individual, owner, or entity unless: 

(1) The individual, owner, or entity knowingly and purposely, and with malice, exposed an individual to a contagious disease; and 

(2) Such exposure caused the exposed individual to suffer from a clinical disease

Section B. Because of the immediate threat of government overreach to the residents of Missouri, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.