Can you be arrested for not wearing a face mask in public? Does a business have the right to refuse service if you don’t comply with their face mask policy? So many questions after Governor Pritzker asked/told us that on May 1st we had to wear them while in public and closer than 6 ft to people. I’m wearing mine to protect you from viruses that I might have. Seems reasonable, but some people are very upset and calling our local officials for clarification.
McLean County Sheriff Jon Sandage and McLean County State’s Attorney Don Knapp just released this statement to help clarify if you are going to be written a ticket or thrown in jail for failure to comply.
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Face Mask Press Release RE-Executive Order PDF
“A number of citizens have asked about our view regarding the “enforceability” of the Governor’s Executive Orders. While we do not believe such matters lend themselves to quick soundbite answers, we hope to clarify thoughts on the matter through this release.
We are aware of no criminal penalty outlined in the Governor’s orders and while we have not watched all of his press conferences or read all of his comments on the topic, it is our understanding that the Governor has specifically acknowledged and stated that the order itself does not create a criminal offense. While opinions vary as to whether the Governor exceeded his authority in entering his executive orders, and our courts will undoubtedly resolve that question, one thing everyone seemingly agrees on is that a violation of the order itself does not equate to a violation of Illinois Criminal Code of 2012. We agree.
Nevertheless, numerous factors prevent us from making grandiose generalized statements regarding enforcement of all things COVID-19. The Sheriff’s Department cannot simply ignore the community caretaking calls it receives in addition to its law enforcement calls and will prioritize those calls appropriately. Similarly, the State’s Attorney’s Office must review all reports forwarded to it from every law enforcement entity to screen for appropriate charges, if any, on a case-by-case basis without prejudging any given circumstance.
To date, the Sheriff’s Department has made no arrests and the State’s Attorney’s Office has filed no charges related to the Governor’s orders concerning COVID-19. Moreover, we are unaware of whether the State has taken any enforcement action akin to what has been reported against The Outpost in Woodford County. However, it bears reminding for all citizens that the State’s authority to take enforcement action exists independently of either the Sheriff or the State’s Attorney. Furthermore, as many throughout the state have mentioned, from the Logan County Sheriff to the Grundy County State’s Attorney, a fear exists that ignoring social distancing recommendations may eventually lead to a violation of a criminal statute such as trespassing in the event that a business asks a patron to leave who refuses to do so or a physical confrontation between individuals who disagree on appropriate use of protective equipment.
Like our colleagues, we ask that all citizens respect each other’s views and do your best to keep yourself and your loved ones safe during these unprecedented times. As noted above, complicated matters such as these rarely lend themselves to answer that can be conveyed in soundbites or press releases. As such, if you wish to discuss this matter further with the Sheriff or State’s Attorney, please call our offices at 888-5034 (Sheriff) or 888-5400 (State’s Attorney). To a person, every citizen that has taken the time to discuss these issues with us has seemed to appreciate the dialogue as much as we have appreciated their comments on the matter.”
–Jon Sandage, McLean County Sheriff & Don Knapp, McLean County State’s Attorney
Have you been in a location where somebody walks in without a mask, then receives instruction from the business manager that they need to put one one or leave, and they get mad? It has happened to me three times since May 1, and I was worried for my safety two of the three times because of the extreme verbal outrage expressed. All three people did return with a mask, but I was honestly worried that the were going to cause trouble because they felt their rights were trampled on and wanted to get their anger out.
Does a business have the right to refuse you for not wearing one? Yes! Just like they can say “No shirt, no shoes, no service!”. Telling people the rules set by your boss while trying to give good customer service can be very hard, as we all know somebody who just doesn’t do well taking direction.
Hope this helps. Thanks to all the incredible mask makers, including those donating them freely down by the Mclean County Museum of History. Stay safe and stay home people!
Susan Saunders 5/11/20
