CLARKSVILLE, Tenn. (CLARKSVILLENOW) – The mask mandate went into effect today in Montgomery County, requiring the use of face coverings in public spaces. Many citizens have questions about Emergency Executive Order #11, who is affected, and what enforcement will look like.
Clarksville Now asked readers to share their questions so that we could find answers.
1. What gives the county the right to tell me to wear a mask?
Emergency Executive Order #11 cites Tennessee Code Annotated (TCA) 58-2-1 (2014), which pertains to Disasters, Emergencies and Civil Defense.
Specifically, TCA 58-8-104 subsection B states, “The mayor or executive of any municipality or county, or such official’s designee, may declare a state of emergency for such official’s municipality or county regardless of whether the event in question affects only that jurisdiction or multiple jurisdictions.”
Furthermore, Gov. Bill Lee issued Executive Order #54 on July 3, granting 89 Tennessee counties the ability to issue local mask requirements. The text of that executive order can be found here.
2. How will enforcement work?
The goal is to persuade people to wear the masks, with citations as a last resort, said county spokeswoman. Michelle Newell.
“Businesses and individuals will first be asked to comply. Face-coverings should be offered if available. If they refuse, 911 can be called, and the dispatcher will create an emergency order violation and dispatch a unit,” she said.
“The goal for Montgomery County is working to achieve compliance and not to issue citations. However, the Clarksville Police Department and MCSO can and will issue citations, if needed.
A citation fine is $50. But violators can be charged with a Class A misdemeanor, and continued violations could also result in civil penalties and other civil and criminal charges, she said. Class A misdemeanors are punishable by up to 11 months and 29 days in jail, a fine of up to $2,500, or both.
3. Do masks actually make a difference?
According to the Mayoclinic, while it is true that most types of face coverings are not sufficient to filter out microorganisms such as a virus, they do trap spit and other detritus associated with coughing and sneezing, which act as carriers for disease. This method of prevention is called “source control.” The efficacy of masks has been supported through research done by institutions including Stanford University, MIT Medical and the New England Journal of Medicine.
“Cloth face coverings are one of the most powerful weapons we have to slow and stop the spread of the virus – particularly when used universally within a community setting,” CDC Director Dr. Robert R. Redfield has said. “All Americans have a responsibility to protect themselves, their families, and their communities.”
4. Why is the mandate only for seven days?
By law, county mayors in Tennessee are able to issue an emergency executive order for a maximum of seven days, after which they must be reviewed and renewed if necessary. This is done to prevent overreach through such orders.
Montgomery County’s Order #11 remains in effect until 12:01 a.m. on July, 27. Durrett can choose to cancel the order, or he could extend it further depending on the situation at that time.
5. What if I am a protester?
As with other public events, protesters are required by the order to use face coverings unless at least 6 feet of distance can be maintained between individuals.
6. What if I have a medical condition?
Order #11 includes an exemption for those with “trouble breathing due to an underlying health condition or another bona fide medical or health-related reason for not wearing a face covering.”
According to ADA.gov, the American with Disabilities Act office “does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.” They have further warned against the use of various “exemption cards” that have been circulating online.
If you have ADA concerns regarding the use of a mask in public, visit ADA.gov or call their information line at 800-514-0301.
Other exemptions listed in Order #11 include:
- Those under 12 years of age.
- Within a person’s private residence.
- People who are outdoors and able to maintain at least 6 feet of distance.
- People in places of worship who are participating in any type of religious ceremony or activity.
- When you are in your own vehicle.
- When voting or administering an election.
- When engaging in exercise or other strenuous physical activity.
7. What about at restaurants?
The exemptions listed in Order #11 include, “persons eating or drinking.” This means that, once seated at a restaurant or bar, patrons are able to take off masks for the duration of their stay.
8. Are werewolf masks acceptable in public now? Asking for a friend.
Order #11 defines masks as “face coverings that cover the nose and mouth of a person to impede the spread of the virus during speaking, coughing, sneezing, or other action.”
If your mask meets these requirements, you are good.