Md. judge quickly dismisses lawsuit claiming religious right to vote without a mask

A Maryland man really wants to vote without wearing a mask, but he’s not having much success.

A Maryland man really wants to vote without wearing a mask, but he’s not having much success.

On Friday, Daniel Swain, 52, of Fallston tried to go to court for the right. He sued a long list of entities, including the Harford County Board of Elections and the Jarettsville Volunteer Fire Company, asking for a temporary restraining order and injunctive relief on religious liberty grounds for the right to vote without a mask.

The Washington Post said the lawsuit includes a claim that Swain has a right to breath oxygen and worship without a mask on, even while he’s voting. But the lawsuit was quickly dismissed by a circuit court judge.

Swain was arrested on the first day of early voting after he refused to put on a mask at the Jarrettsville Fire Hall, which is one of Harford County’s early voting centers.

Given the option of voting outside without a mask on, Swain would not do that either.

He was cited for trespassing and failure to comply with the governor’s emergency order when a compromise could not be reached and he wouldn’t leave.

Frederick County Delegate Daniel Cox, who has been an outspoken opponent to Gov. Larry Hogan’s mask mandates, represented Swain in his lawsuit.

Swain will be back in court on December 4 to answer the charges stemming from his arrest. It’s unclear who his attorney is for that case.

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