Montana Sheriffs: Mask Mandate Is Not Enforceable
Following Governor Steve Bullock’s public health directive Wednesday, July 15, requiring mask usage in public spaces in counties with four or more active cases of COVID-19, 38 Montana county sheriffs issued a joint guest opinion editorial on the matter late last week.
The governor’s directive requires that masks be used in most indoor settings and where social distancing cannot be maintained. Bullock said businesses will have the right to deny entry of anyone not wearing a mask. “No shirt, no shoes, no mask, no service. It’s that simple,” he said.
In the op-ed, law enforcement tells Montana’s governor that they cannot and will not enforce his mandatory mask order.
“The statewide face covering order is a public health directive. It is not a mandate for law enforcement to issue citations and arrest violators,” said the op-ed, which was signed by sheriffs from Roosevelt, Daniels, Dawson, Prairie, Richland Sheridan and Valley counties, as well as 31 others from across the state.
Violations of the governor’s mask mandate should not be called into 911. Instead, county health departments are the proper department to report violations.
Businesses do have the right to refuse service to anyone not in compliance with the directive. If an individual does refuse to leave a business after being asked by employees, it becomes a trespassing issue and can involve law enforcement. The same goes for physical altercations between citizens over the directive.
There are no Montana state statues addressing the wearing of facial coverings. This also includes while concealed carrying with a valid permit. Persons with valid permits can wear a masks and conceal carry.
However, for your safety and the safety of law enforcement, part of the governor’s directive is removing your mask temporarily for identification purposes. If a person is concerned about removing their mask in public, for example, if that person has health problems, a law enforcement officer can stand six feet away and still be able to identify a person.
