Can You Be Arrested For Not Wearing a Mask?

Posted July 6, 2020

Across the country, states have mandated that social distancing orders, including face coverings in public places, must be used to protect others against the novel coronavirus. However, in those states where face masks are required in public places, can you be arrested for not wearing a mask? The answer depends. Take a look at the state requirements as of July 5th for nationwide mandates on face coverings.

Statewide Orders for Face Coverings During COVID-19

Though mandates are changing daily, as of July 5, the following mandates have been put into effect across the nation for the use of masks to protect against the novel coronavirus.

Alabama: Face coverings are required for employees in restaurants, personal care services, entertainment, and gyms/fitness centers. They are only recommended for all other industries. In some municipalities, face coverings are required for all employees and customers.
Alaska: Businesses that have reopened are recommended to wear face masks.
Arizona: Masks are required for employees and customers utilizing barbers and cosmetologists. They are recommended for businesses where social distance cannot be accomplished. Residents are also recommended to wear facial coverings in public spaces where social distancing is difficult to achieve.
Arkansas: Masks are required for dine-in restaurants, as well as any employees who come in contact with customers. In addition, patrons to establishments must wear masks until food or drinks have been served. Customers may be refused service for failure to comply. Face coverings are also required for fitness centers/gyms, except when actively exercising. Residents should wear a face mask when unable to social distance in public spaces.
California: Masks are required in high-risk situations such as, in the workplace, interacting with any of the public, engaging in work where the public may be present, in any place where food is prepared/packaged, walking through common areas, etc.
Colorado: Workers in critical businesses who work in close proximity to others or engage with the public must wear a face covering.
Connecticut: Essential, restaurant, retail, office-based, and personal care employees and patrons must wear face coverings.
Delaware: Face coverings are required in public spaces.
District of Columbia: Individuals over age 9 must wear a face-covering in public spaces or where interaction with the public occurs.
Florida: Face masks are required for personal care services providers and employees. However, some municipalities have additional requirements on face coverings.
Georgia: Masks are required for reopening businesses such as bars, gyms, restaurants, retail, etc. They are recommended for the general public.
Hawaii: Faze coverings are required for employees and patrons at businesses.
Idaho: Masks are recommended by business and personal discretion.
Illinois: People over age 2 must wear a mask or face covering when in a public place where social distancing cannot occur.
Indiana: Face coverings are required for restaurant employees and personal care services employees. Masks are recommended for the general public.
Iowa: No requirements.
Kansas: All businesses and organizations must require employees, customers, etc. to wear face coverings.
Kentucky: Businesses must provide PPE to employees.
Louisiana: All employees of businesses who come into contact with the public must wear a mask.
Maine: Face coverings are required where social distancing is not possible.
Maryland: Any business or employee who comes in contact with the public must wear a mask as well as any residents who are in public where social distancing is difficult.
Massachusetts: Residents over 2 years old must wear a mask in social settings.
Michigan: Masks are required when interacting in a business setting with the public, as well as when leaving the home when social distancing is not possible.
Minnesota: Masks are required in retail settings where interaction with the public is likely. Patrons and residents are recommended to wear a mask in social settings.
Mississippi: Masks are required for those employed in retail, restaurants/bars, personal care services, and gyms/fitness centers. They are recommended for the public.
Missouri: Face masks are recommended in public settings.
Montana: No requirements.
Nebraska: Masks are required in personal care facilities.
Nevada: Everyone over age 9 must wear a mask in public settings.
New Hampshire: Businesses, where interaction with the public occurs, masks must be worn.
New Jersey: Customers and employees of essential retail must wear protective coverings.
New Mexico: All employees of essential retail must wear face coverings.
New York: Employees and the public over age 2 must wear face masks in public places.
North Carolina: Restaurant, retail, construction, manufacturing, trades, agricultural, meat processing, transportation, and personal care services employees are required to wear face coverings. Customers in such locations must also wear protective gear.
North Dakota: Face coverings are required for personal care services employees and recommended for everyone else.
Ohio: Face coverings are required for all employees at all times.
Oklahoma: No requirements.
Oregon: Face coverings are required in all public spaces.
Pennsylvania: Face coverings are required in all public spaces.
Puerto Rico: Face coverings are required in all public spaces.
Rhode Island: Face coverings are required in all public spaces.
South Carolina: Masks are recommended but not required in public businesses.
Tennessee: Masks are recommended.
Texas: Individuals over age 9 are required to wear masks in public settings.
Utah: Employees of public entities are required to wear a mask. Face coverings are recommended for all other individuals.
Vermont: Businesses operating during the state of emergency must wear a face covering.
Virginia: Masks are required for businesses, and required for patrons over age 10.
Washington: Residents and employees serving the public must wear face coverings.
West Virginia: Masks are required in businesses over 10 employees and for public entrance in some establishments.
Wisconsin: The public should wear a face cover when outside the home.
Wyoming: Required for employees of reopening businesses as well as personal care services employees and patrons.

So, with all these mandates in mind, can you be arrested for not abiding?