By: Blake E. Brookshire, Esq.
On June 17, 2020, Montgomery Mayor Steven Reed signed an executive order requiring that all individuals over the age of 2 years wear face coverings in masks in all public places, which goes into effect at 5:00PM on June 19, 2020. The order does set forth a caveat that masks should be worn by those “who can medically tolerate doing so when in public places.” Public places include any space indoors that is not a personal or private residence or a motor vehicle. Individuals will only need to wear a mask outside in gatherings with 10 or more people where a 6-foot distance cannot be maintained between individuals. Furthermore, Mayor Reed’s order defines mask or face covering as:
[a] device to cover the nose and mouth of a person to impede the spread of saliva or other fluids during speaking, coughing, sneezing or other intentional or involuntary action. Medical grade masks are not required; coverings may be fashioned from scarves, bandanas or other suitable fabrics. The mask must cover the mouth and nose of the wearer.
Section 2 of the Mayor’s Order sets forth the limited circumstances in which is not required to wear a mask in public:
- When outdoors (assuming less than 10 people are present and individuals can maintain 6 foot distance);
- In the privacy of one’s home or residence;
- Within one’s own vehicle or another’s motor vehicle;
- During individual outdoor exercise;
- Persons working alone in separate office spaces or in non-public workplaces where there is more than adequate social distancing;
- Patients in examination rooms of medical or dental offices or clinics or hospitals where there is a necessity to examine or treat the mouth or nasal area;
- When wearing the face covering or mask poses a greater mental or physical health, safety, or security risk;
- When eating or drinking in public at a restaurant, bar or other food or beverage establishment. However, a mask or face covering must be worn when entering or exiting the establishment.
Those who violate the Mayor’s Order are subject to a fine of $25.00.
Please note the Mayor and members of the City Council have been handing out free masks to member of the public. Additionally, several groups have planned future mask giveaways in June.
This summary is based upon what we know as of this writing. No assurance of the completeness, comprehensiveness, correctness, or currency of the information is provided. The materials and information presented are not, are not intended to be, and should not be relied upon or construed as legal advice. Receipt of the information alone does not create an attorney-client relationship. Before making any decision or taking any action, you should consult with a professional adviser who has been provided with all pertinent facts relevant to your situation.
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If you have questions about what to do with your business or company during the COVID-19 pandemic, call Capell & Howard at 334-241-8000 and ask for one of our employment lawyers: Christopher Weller, Barbara Wells, Brooke Lawson, Carla Gilmore, Mai Lan Isler, or Blake Brookshire. Or, visit our web page at www.chlaw.com for contact info and the latest alerts.
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