California Governor Mandates Face Coverings Statewide

06.18.2020

On Thursday, June 18, 2020, California Governor Gavin Newsom ordered that face coverings be worn State-wide, effective immediately. 

The Order states that people in California must wear face coverings when they are in the high-risk situations listed below:

• Inside of, or in line to enter, any indoor public space (unless exempted by state guidelines for specific public settings);
• Obtaining services from the healthcare sector in settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank;
• Waiting for or riding on public transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle;
• Engaged in work, whether at the workplace or performing work off-site, when:
  • Interacting in-person with any member of the public;
  • Working in any space visited by members of the public, regardless of whether anyone from the public is present at the time;
  • Working in any space where food is prepared or packaged for sale or distribution to others;
  • Working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities;
  • In any room or enclosed area where other people (except for members of the person’s own household or residence) are present when unable to physically distance.
  • Driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present. When no passengers are present, face coverings are strongly recommended.
  • While outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible.

According to the Order, the following individuals are exempt from wearing a face covering:

• Persons age two years or under.
• Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance.
• Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
• Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.
• Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service.
• Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence.
• Persons who are engaged in outdoor work or recreation such as swimming, walking, hiking, bicycling, or running, when alone or with household members, and when they are able to maintain a distance of at least six feet from others.

The Order notes that persons exempted from wearing a face covering due to a medical condition who are employed in a job involving regular contact with others should wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their condition permits it.

A separate alert addressing the impact on educational institutions will be forthcoming.

The Order supersedes less-restrictive local county and city orders, including those that merely recommend wearing face coverings or otherwise make face coverings optional.  Any more restrictive face-covering requirements in a local order are still applicable within that jurisdiction.

Addressing why he took this action now, Governor Newsom stated: “Simply put, we are seeing too many people with faces uncovered – putting at risk the real progress we have made in fighting the disease. California’s strategy to restart the economy and get people back to work will only be successful if people act safely and follow health recommendations. That means wearing a face covering, washing your hands and practicing physical distancing.”

Further guidance from the State may be viewed here: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Guidance-for-Face-Coverings_06-18-2020.pdf

Those with questions regarding the Order may contact the authors or other members of the AALRR COVID-19 Task Force.

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process. 

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