President Biden’s federal vaccine mandate is getting both backlash and praise. “Constitutionally, it is uncontroversial,” attorney Dan Monnat tells KAKE TV…. “The federal government, as employer or contractor, has the same right as private businesses to impose non-invidiously discriminatory conditions upon its employees, particularly where they are designed to promote the public health.”
Facebook took down USD 308’s Board of Education meeting from Monday, where the board voted to mandate masks for all schools in the district. The district suggests they have been censored by Facebook, but Wichita criminal defense attorney Dan Monnat says, “So far, the United States Supreme Court has not held that Facebook has come to carry on such a public function that censorship becomes denied to it.”
Private businesses have always had the right to impose non-invidiously discriminatory requirements upon their customers, says Wichita lawyer Dan Monnat. “Businesses have every right to enforce the new guidelines by asking customers who don’t want to wear masks to show proof of vaccination. I think it gets complicated if a business wants to refuse service to someone who cannot be vaccinated because of a disability….”
Even without a mask mandate in Sedgwick County, individual businesses can still require the safety measures and deny service to those who won’t comply. “Private businesses have always had the right to impose non-discriminatory requirements on their customers,” Dan Monnat tells KWCH TV. He says if you don’t comply with a business’s rules, you could face penalties…
Is Big Tech’s censorship of President Donald Trump a violation of the First Amendment? Legal expert Dan Monnat tells KAKE-TV it is not, because “private individuals and companies can engage in censorship. The First Amendment only prohibits censorship by the government….”
Political yard signs supporting President Trump have been vandalized in east Wichita. Criminal defense attorney Dan Monnat tells KAKE TV, “Political speech is at the core of the First Amendment privilege…. No one has a First Amendment right to suppress the speech of another by physical threats, destruction, damage, defacement, or violence….”
Under local mandates, businesses must require masks for employees and customers who can’t maintain social distancing…but what can business owners legally do with customers who refuse to wear a face-covering? Dan Monnat tells KAKE TV, “When the person refuses to wear a mask, they’re refusing to obey the law. The business owner is within his or her rights to order them to leave. If they refuse to leave and thereby interfere with the business, they may have committed the crime of criminal trespass or interference with the lawful conduct of business….”
Police said a Wichita man shot two people outside his home around 2 am Monday. He apparently heard the two talking about targeting his home. When they pulled into his driveway, he yelled at them before firing. Attorney Dan Monnat tells KAKE TV, “A person is presumed to have justification for using deadly force whenever it’s used to prevent or terminate an aggressor’s unlawful entry into a home. Now, if they’re in the driveway, is that what the law considers a dwelling? Every case depends upon its specific facts….”
For months, the disappearance of Lucas Hernandez has been on the minds of many in this community, including criminal defense attorney Dan Monnat. “Speculation in these cases is always to be avoided. Science and medicine will tell us the manner in which Lucas Hernandez died, whether that’s by criminal means or by natural causes or accident….”
LOS ANGELES – A Los Angeles man wanted in Kansas has waived extradition proceedings in California and will face a felony allegation that he made a hoax emergency call that led to the fatal police shooting of a Wichita resident. Dan Monnat tells KAKE TV the man could face serious charges like “second degree murder, which is a human being killed unintentionally but recklessly, under circumstances manifesting an extreme indifference to human life….”
