A Tulsa optometrist and some area business owners have filed a federal lawsuit to challenge the city of Tulsa’s mask mandate.
The group, led by Robert Zoellner and ThriveTime radio show host Clay Clark, named Mayor G.T. Bynum, Tulsa Health Department Executive Director Bruce Dart and the Tulsa City Council as defendants in the 33-page federal filing alleging masks cause oxygen deprivation.
The duo and others met in Jenks to announce the lawsuit that claims Tulsa’s mask ordinance creates an “oxygen deficient atmosphere” under Department of Labor guidelines. Occupational Safety and Health Administration guidelines define oxygen-deficient atmospheres as having below 19.5% oxygen content, according to the filing.
The suit further alleged forcing individuals to work in such an atmosphere “has been proven to cause irreparable physiological damage” after only 15 seconds of wearing a face covering, despite a July report from the Mayo Clinic that stated such concerns were inaccurate.
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Plaintiffs claimed in the filing both they and their employees experienced “migraine headaches, shortness of breath and dizziness” while wearing face coverings. The group is representing themselves along with James DeCristofaro, who was identified in the filing as a New York attorney not yet admitted to practice in Oklahoma.
The lawsuit further alleges the city’s mask ordinance was unconstitutional in that it violates the 10th Amendment, Ninth Amendment, the Equal Protection Clause, Fourth and Fifth amendments, as well as being void for vagueness.
A city of Tulsa spokeswoman said the city won’t comment on pending litigation.
A medical doctor in Ireland went viral online last month after tweeting a video in which his oxygen levels never changed while wearing six masks. The video has been viewed more than 20 million times.
Getting asked
— Maitiu O Tuathail (@DrZeroCraic) July 14, 2020
“Does wearing a face mask lower your oxygen levels” repeatedly by patients today!
Based on what they are reading on social media
*Face coverings / masks don’t reduce your oxygen levels!*
I managed to get six face masks on + it had no effect on my oxygen levels! pic.twitter.com/qNKYa8pejx
COVID-19 basics everyone needs to know as the pandemic continues
COVID-19 basics everyone needs to know as the pandemic continues
How it spreads, who's at risk
Studies have shown many infected people show no symptoms or have symptoms so mild they may go undetected; those people can still transmit COVID-19 to About 20% of patients diagnosed with COVID-19 require hospitalization.
The disease can be fatal, especially for vulnerable populations: those older than 65, living in a nursing home or long-term care facility, and anyone with underlying health conditions such as diabetes, heart disease, lung disease or obesity.
Science of virus spread
COVID-19 is spread mainly from person to person via respiratory droplets produced by an infected person. Spread is most likely when people are in close contact, within about 6 feet. A person might also be infected with COVID-19 after touching a surface or object that has the virus on it and then touching their face. According to the CDC, evidence suggests the novel coronavirus may remain viable for hours to days on surfaces, though that form of transmission is said to be minor.
Transmission between people more than 6 feet from one another may occur in poorly ventilated and enclosed spaces, the CDC says, especially where activities cause heavier breathing, such as singing or exercising.
The infectious period for patients can begin up to 48 hours before symptom onset.
List of symptoms
The CDC recently expanded its list of possible symptoms of COVID-19. The symptoms can appear from two days to two weeks after exposure.
- Fever or chills
- Cough
- Shortness of breath or difficulty breathing
- Fatigue
- Muscle or body aches
- Headache
- New loss of taste or smell
- Sore throat
- Congestion or runny nose
- Nausea or vomiting
- Diarrhea
This list does not include all possible symptoms and will continue to be updated by the CDC. One symptom not included is "purple toes," which someone may experience with no other symptoms, sometimes several weeks after the acute phase of an infection is over. The coloration and pain is caused by a lack of blood flow to the toes caused by excessive blood clotting, a late-stage concern with COVID-19 infections.
Kinds of testing
Those getting tested may experience different kinds of swabs. The viral test, known as PCR, involves a deep nasal swab that can be painful.
Other tests that require less-invasive swabs may produce results faster, but with less accuracy. These should not be used diagnostically.
It is not yet known whether COVID-19 antibodies can protect someone being infected again or how long protection might last.
The 'serious seven'
The "serious seven" refer to close contact environments where residents should take extra precautions if they choose to attend. The seven are gyms, weddings, house gatherings, bars, funerals, faith-based activities and other small events, according to Tulsa Health Department Director Bruce Dart.
Treatments being investigated
The FDA has allowed for antiviral drug remdesivir, previously tested on humans with Ebola, to treat more severe cases of COVID-19 in adults and children. Safety and effectiveness aside, preliminary studies have shown it can shorten recovery time for some patients.
After previously approving an emergency use authorization, the FDA as of July 1 cautions against use of hydroxychloroquine or chloroquine for COVID-19 outside of the hospital setting or a clinical trial. A review of safety issues includes reports of serious heart rhythm problems and other safety issues, including blood and lymph system disorders, kidney injuries, and liver problems and failure.
Convalescent serum therapy
Some patients are receiving convalescent serum, meaning the antibodies made by people who have recovered after a COVID-19 infection. Antibody-rich blood plasma is being given to severely or critically ill COVID-19 patients, including Ascension St. John, Saint Francis Health System, OSU Center for Health Sciences and Hillcrest HealthCare System in Tulsa.
From June to July, requests for convalescent plasma from the Oklahoma Blood Institute multiplied seven-fold.
Recovery, as defined by CDC
To be considered recovered (without a test), these three things must happen, the CDC advises:
- No fever for at least 72 hours (three full days of normal temperature without the use of medicine)
- Other symptoms improved (no more cough, etc.)
- At least 10 days since symptoms first appeared
