One week into Gov. Eric Holcomb’s mask order, businesses and governments say most have been understanding, but a few have resisted.
Under the order, there are several specific exemptions to wearing a mask in public — children between age two and eight; deaf or hearing-impaired individuals, a person with a disability, mental health condition, or medical condition which prevents wearing a face covering.
The Great Lakes ADA Center, which serves Indiana and surrounding states, has been taking many calls from Hoosier businesses and individuals stemming from the exemption clause, said Pete Berg, project coordinator for technical assistance with Great Lakes ADA.
Generally, given evidence from the Centers for Disease Control that the coronavirus spreads from asymptomatic carriers, businesses and governments are within their rights to refuse service to those not wearing a mask. Per the guidance, not wearing a mask can be considered a direct threat to public health, he said.
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Businesses can ask people to put on a mask and can explain why they want an individual to wear a mask, Berg said. However, businesses shouldn’t ask for an explanation if an individual says they cannot wear a mask, because there is no way to prove or disprove a disability, he said.
The Americans with Disabilities Act, or ADA, requires entities to provide reasonable accommodations for persons with disabilities. In this case, businesses should offer alternatives to in-person shopping like curbside service or delivery, Berg said.
However, many across the country say they do not want to wear a mask for political reasons, or because they feel it is against their constitutional rights.
Among those arguing against the order on constitutional grounds are Indiana Republicans including outgoing Attorney General Curtis Hill, Rep. Jim Lucas, R-Seymour, Sen. Mark Messmer, R-Jasper, and Johnson County Sheriff Duane Burgess.
Analysis from the American Constitutional Society suggests a mask mandate should not be considered a violation of rights because the supreme court has given latitude to local governments to establish public health measures during an emergency. For example, in the 1905 case Jacobson v. Massachusetts, the high court upheld making a smallpox vaccine compulsory to protect public health.
A recent challenge to Maryland’s mask order, KOA v. Hogan, was denied a hearing because the court determined a mask requirement has no substantial impact on individual rights. This decision weighed the impact on rights versus the public health impact that asymptomatic carriers have on the spread of the coronavirus, according to a memorandum on the case.
A few local business managers say violation of rights was the general reason why customers did not want to comply, though the number of those objecting has been small.
Grey Goat Bicycle Co. has had just a few customers who chose not to comply and those individuals left the store without incident. The Franklin store and all other locations of the bike shop franchise began requiring masks on July 9, when the Marion County mask mandate took effect.
“Most of our customers have been understanding; 99.9% are totally cool and compliant and they have no issue with it. But there is always a few who will,” said manager Brandon Street.
Wild Geese Bookshop also required masks ahead of the governor’s order and had a similar experience. The store began enforcing its requirement on July 1, after the store reopened to in-person shopping by appointment, said manager Kinsley Castro.
Store leadership has made it their goal to provide reasons to wear a mask to the few who have resisted, so customers can understand that wearing a mask in the store will protect others, Castro said.
“We try to build a community here and taking the time to explain is important to us,” Castro said.
Local governments are taking different approaches to enforcing the mask mandate.
The city of Franklin has posted signage asking those who enter the city building to stay six feet away from others and wear masks, and so far residents are complying, said Mayor Steve Barnett.
“We want to curb the virus and we think the city of Franklin and the people of Franklin have done a good job of protecting each other,” he said.
City employees are being asked to enforce the mask order, but to avoid escalating the situation if an individual says they cannot wear one.
“I don’t think that we would turn anyone away. We would ask them to wear a mask and be polite about it,” Barnett said. “We would ask them to wear one, but we aren’t going to get into an altercation about masks.”
Johnson County government offices do not have any local directive to enforce masks, said Brian Baird, county commissioner. County employees are also not being asked by the commissioners to enforce masks if a resident does not wear one in the building, he said.
Given the exemptions in Holcomb’s order for those with disabilities or with specific health conditions, the commissioners are operating under the assumption that anyone not wearing a mask must be exempted, Baird said.
“If someone comes in here and they’re not wearing a mask I assume they have a health condition,” Baird said. “That’s a HIPAA issue and that’s none of our business.”
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Face covering order
What is an acceptable face covering?
- A medical or cloth mask that covers the mouth and nose and is secured to the face with ties, straps or loops.
- A clear, plastic face shield that covers the mouth and nose.
When do I have to wear a face covering?
- When in indoor and outdoor situations where social distancing cannot be maintained
- When using public transportation, a private car service or a ride-share service
When do I not have to wear a face covering?
- When alone, in a private office, in a public meeting where six feet of social distancing can be maintained
- During strenuous exercise
- While in the water at public pools, rivers and lakes
- When driving alone or with other people in your household
- If asked by a police officer or judge to remove a face covering
- When entering an area where facial recognition software is used for security
Who is exempted?
- Children between age two and eight
- Deaf or hearing-impaired individuals
- A person with a disability, mental health condition, or medical condition which prevents wearing a face covering
- Incarcerated or homeless individuals
Source: Executive Order 20-37
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