Governor Mandates Face Masks

On Friday, July 24, 2020, Governor Eric Holcomb issued Executive Order 20-37 requiring Hoosiers to wear mask. The face covering requirement goes into effect on Monday, July 27, 2020, and lasts for 30 days, through August 26. Governor Holcomb’s order directs all individuals (unless subject to an exception) to wear a face covering when inside a business, a public building, or other indoor public spaces, in outdoor public spaces where people cannot socially distance, or while using public transportation or ride-sharing services. Permissible face coverings include cloth masks secured to the head or wrapped around the face, so long as both the nose and mouth are covered.

The order is subject to 15 specified exceptions. Excepted individuals are encouraged to wear a mask or face shield when practical. Notable exceptions include:

• Any person who is consuming food or drink, or is seated at a restaurant or other retail food establishment to eat or drink;
• Children between the ages of 2 and 7 years old;
• Children under the age of 2, who should not wear a face covering at any time, due to the risk of suffocation;
• Any person who is swimming, exercising, or engaging in sports activity, provided that the person can maintain 6 feet of social distancing from other people not in the same household;
• Any person with a medical condition which prevents wearing a face covering; and
• Any person attending a religious service, as that person is already required to observe proper social distancing during those services.

Special requirements apply to K-12 educational institutions. Students in grades 3 and up, along with all faculty and staff, are directed to wear a face covering while at school or riding on school-sponsored transportation. However, the order carves out exceptions for socially-distanced classrooms, faculty or staff areas, extracurricular activities, and recess periods.

Potential punishments for violations are not stated. The order instead places responsibility for enforcement with state and local health departments. Further, the order warns that if virus data “continues to worsen in our State, there may be little choice but to reverse course and return to a prior stage in our reopening plan for Indiana.”

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This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.