Mask order won’t carry criminal penalties

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Mayor Chuck Fewell acknowledged that the governor's mask order will be unenforceable but urged Greenfield residents to wear masks and to be respectful "when addressing other people about mask issues."

By Jessica Karins | Daily Reporter

GREENFIELD — Though Gov. Eric Holcomb has signed an executive order mandating face coverings in the state of Indiana, it’s unlikely many Hancock County residents will face consequences if they choose to go mask-free in public.

The governor’s executive order, issued on Friday, July 24, walked back an earlier announcement that violating the mask mandate would be treated as a misdemeanor offense. His actual order, however, said enforcement would be up to state and county health departments, “through education about the importance of wearing face coverings.”

Holcomb’s initial announcement ignited a politicized conflict over face coverings that set him against many of his fellow Indiana Republicans. The state’s attorney general, Curtis Hill, released an advisory opinion saying Holcomb did not have the constitutional authority to mandate masks.

Before Holcomb signed the order, several county sheriffs had already announced their intentions not to enforce the order.

Hancock County Sheriff Brad Burkhart said early Friday his department would be among them. With the county jail struggling to house inmates due to COVID-19 distancing guidelines, he said, it does not make sense to treat not wearing a mask as a criminal matter.

Burkhart said people concerned about others not wearing a mask should not call 911 or county dispatch, and could instead report issues to the Hancock County Health Department.

The city of Greenfield reacted similarly.

In a statement emailed to the Daily Reporter, Greenfield Mayor Chuck Fewell said that while he urges residents to comply with the governor’s order where possible, the order will not be enforced by police in Greenfield.

“Since the mask mandate does not constitute a crime or an enforceable action, I will not be requiring the Greenfield Police Department to stop, suggest, or require residents or visitors to wear a mask,” Fewell’s statement said. “I will ask that you be respectful and/or tactful when addressing another person about mask issues. The Greenfield Police Department will, however, respond to disturbances that develop.”

Fewell’s statement noted that businesses or organizations can refuse service to those not wearing masks; many retailers, including Walmart and Kroger, are requiring masks. Fewell said anyone asked to leave an establishment while not wearing a mask should do so, and refusal to leave could be treated as criminal trespass.

Hancock County’s three Republican commissioners have expressed disagreement with the mask order and said they plan to send a letter to the governor and to the county’s representatives in the state legislature voicing their dissent.

The executive order directs people to wear face coverings while inside businesses or public buildings, except in private workspaces where 6 feet of social distancing can be mandated; in outdoor spaces when social distancing is not possible; and while using transportation.

When schools reopen next week, they are instructed to mandate face coverings for all adults and for children in grades 3 and above.

There are a number of exemptions, including children under age 2, incarcerated people, and “anyone with a medical condition, mental health condition, or disability which prevents wearing a face covering.”

In a statement about the order, Holcomb’s office said the mandate was necessary because of an increasing number of negative indicators about the virus’s spread in Indiana, including an increase in hospitalizations and a rise in the percentage of the population that is COVID-19 positive. Friday, July 24, saw the state’s highest number of positive test results in a single day: 1,011.

Health experts agree that face coverings help prevent the spread of COVID-19, with some saying that widespread use of masks could halt the pandemic in a matter of weeks.

“Hoosiers have worked hard to get where we are today with businesses open and people back at work. We want to keep it that way. We don’t want to dial things back. Face coverings can and will help us blunt the increase of this virus,” Holcomb said.