Mandatory Masks in Minnesota; Executive Order 20-81.
Governor Walz’s executive order mandating mask-wearing in the state of Minnesota creates many questions about the balance between individual liberty and public health. Additionally, some legal questions and conflicts arise from the Governor’s order.
Executive Order 20-81 has been coined as a “mask mandate.” However, under the order, there are certain circumstances where you do not need to wear a mask. To make it a little more complicated, there are exceptions to the mandatory mask law such as medical necessity and first amendment freedom of expression exemptions.
My struggle is determining who gets to decide when and where a mask must be worn and when exceptions are permitted. Minnesota Statute 609.735 makes it a crime to wear a mask in public to conceal one’s identity. So how does law enforcement know the difference between compliance with EO 20-81 and violation of that statute and how many criminals are hiding behind a mandatory mask law?
To get around this conflict in the Governor’s order he states this statute does not apply to this Executive Order. However, it is my understanding that only the state legislature with the Governor can change a state statute.
Let’s talk about enforcement. For individuals, the consequences for not wearing a mask is a conviction of a petty misdemeanor and a $100 fine. But for businesses, sanctions are much more severe and include fines, civil, criminal, and regulatory sanctions. For those so inclined to report an alleged violation by a business, no problem. The government website tells how such violations can be reported to OSHA, law enforcement, or a complaint filed with the Minnesota Department of Health or Minnesota Department of Human Rights.
It is easy to imagine a business owner being severely punished as a result of an anonymous complaint that a patron is not wearing a mask in compliance with the Governor’s Executive Order. A deeper look at this Executive Order is more reminiscent of a law school exam rather than a simple guideline that all Minnesotans are expected to follow.
Life is far more complicated than what can be spelled out in an Executive Order. The mandatory mask order illustrates what is wrong with the Governor’s unnecessary extension of the Peacetime Emergency Powers Act and his excessive use of governing by Executive Order rather than the legitimate constitutional legislative process.
COVID-19 is a legitimate public policy challenge, but we are better served with input from legislators, stakeholders, and ordinary citizens rather than unilateral executive authority. We must all be engaged in a transparent and open process to ensure the proper balance between individual liberty and public health.
Contact the Governor’s office to express your objection to his continuation of his emergency powers.