Gov. David Ige issued a statewide mask mandate on Monday, following criticism that existing rules — which were set by individual counties — were confusing.
Ige’s latest emergency proclamation requires everyone in the state to “wear a face covering over their nose and mouth in public,” but outlines new exemptions for people with medical conditions and children younger than 5 years old. The prior mask mandate in an older proclamation did not include this sort of specific language and deferred to county mask rules.
Businesses are supposed to refuse entrance to patrons who do not wear face masks indoors. People still don’t have to wear face masks outdoors if keeping 6 feet away from people outside their household is possible.
No change was made to the current penalty for violating the mask order, which is a misdemeanor with a possible fine of $5,000 or a year in jail, or both.
“It can go on one’s criminal record and can impact employment for many years to come unless they’re cleared and their records are expunged,” Ige said in the Facebook Live interview.
New Mask Order
All individuals shall wear face coverings over their noses and mouths when in public settings. The only exceptions to this requirement are:
A. Individuals with medical conditions or disabilities where the wearing of a face covering may pose a health or safety risk to the individual;
B. Children under the age of 5;
C. While working at a desk or work station and not actively engaged with other employees, customers, or visitors, provided that the individual’s desk or workstation is not located in a common or shared area and physical distancing of at least six (6) feet is maintained;
D. While eating, drinking, smoking, as permitted by applicable law;
E. Inside private automobiles, provided the only occupants are members of the same household/living unit/residence;
F. While receiving services allowed under a State or county order, rule, or proclamation that require access to that individual’s nose or mouth;
G. Where federal or state safety or health regulations, or a financial institution’s policy (based on security concerns), prohibit the wearing of facial coverings;
H. Individuals who are communicating with the hearing impaired while actively communicating (e.g., signing or lip reading);
I. First responders (police, fire fighters, lifeguards, etc.) to the extent that wearing face coverings may impair or impede the safety of the first responder in the performance of his/her duty;
J. While outdoors when physical distance of six (6) feet from other individuals (who are not members of the same household/living unit/residence) can be maintained at all times; and
K. As specifically allowed by a provision of a State or county COVID-19 related order, rule, or proclamation. An owner or operator of any business or operation shall refuse admission or service to any individual who fails to wear a face covering, unless an exception applies under this section. Businesses or operations may adopt stricter protocols or requirements related to face coverings and face shields. Businesses or operations not enforcing this rule may be subject to enforcement, including fines and mandatory closure.
Lt. Gov. Josh Green, lawmakers and tourism officials had called for a clear statewide mask mandate and more enforcement.
Some local leaders, including Honolulu Mayor Kirk Caldwell, have supported the move and called for the penalty for not wearing a mask to be changed to a simple fine, rather than a criminal misdemeanor.
Caldwell has suggested imposing a $100 fine, according to a report by the Honolulu Star-Advertiser. Honolulu officials plan to provide $1.8 million in Oahu’s federal coronavirus relief money to the state judiciary to cover costs associated with processing coronavirus related citations.
Hawaii House Speaker Scott Saiki said it would benefit the state to impose tickets that could be paid by mail.
“The current penalty is a misdemeanor offense that would trigger a jury trial because they couldn’t possibly impose jail time,” Saiki said. “The fine for violation of the mask order should be an administrative fine that is easier to impose and collect.”
Saiki said he appreciated the amendment to the proclamation, which makes the rules more clear and comprehensible. But there will still be confusion, especially outdoors, if masks are still not required if people maintain a 6-foot distance, he said.
“Enforcement will be key at this point, especially for the exception that applies for people outdoors,” Saiki said. “That is the Waikiki problem, where non-resident tourists are not wearing masks, even though they are within 6 feet of others. That’s where enforcement needs to be ramped up.”
Ige said he is considering a new framework for imposing fines during the interview with the Honolulu Star-Advertiser, but that would require a special session of the Legislature, a process that would be too slow, he said.
“I’m looking at instituting a new fine system (which) is complex,” he said. “There will be lots of discussions that need to happen to determine appropriate penalties. I don’t think it’s conducive to doing it in a special session when time is of the essence.”
In an August presentation to the Hawaii Economics Association, University of Hawaii Economist Sumner La Croix suggested a $150 to $200 fine may be more effective if it is “widely applied to violators and treated like a parking ticket.”
Nearly all coronavirus-related citations filed by Honolulu police on Oahu have ultimately been dismissed, KITV reported.
Civil Beat reporter Christina Jedra contributed to this story.
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