Indiana governor drops mask violator penalty after criticism

Indiana’s governor dropped a planned criminal penalty from the statewide face mask mandate that he signed Friday after objections from some law enforcement officials and conservative legislators.

Posted: Jul 24, 2020 4:41 PM

INDIANAPOLIS (AP) — Indiana’s governor dropped a planned criminal penalty from the statewide face mask mandate that he signed Friday after objections from some law enforcement officials and conservative legislators.

The decision comes after Republican Gov. Eric Holcomb had said Wednesday in announcing the mask requirement that violators could face a misdemeanor charge, while stating that the “mask police will not be patrolling Hoosier streets.”

The executive order on the mask mandate, however, does not mention penalties and describes the move as a step to protect health during the coronavirus outbreak and help ensure that businesses remain open while allowing schools to reopen and operate safely.

“State and local health departments shall be responsible for enforcing compliance through education about the importance of wearing face coverings and dispelling myths and misconceptions about the use and/or benefits for the requirement,” the order said.

State Attorney General Curtis Hill, who is also a Republican, issued a non-binding opinion Wednesday night, saying Holcomb would be overstepping his authority and that only the Legislature could make violations a criminal offense. That opinion was in response to questions from five Republican state senators regarding Holcomb’s legal power.

The Indiana Senate’s leader praised Holcomb’s decision to drop the possible misdemeanor offense, which could have carried penalties of up to $1,000 in fines and a maximum 180 days in jail.

“Senate Republicans have been in close contact with the governor since his announcement of the new mask mandate earlier this week,” said Senate President Pro Tem Rodric Bray of Martinsville. “We are very pleased to see that the executive order he signed today does not include a criminal penalty for non-compliance.”

The governor’s office didn’t immediately reply to a request for comment about Holcomb's decision.

Some conservative lawmakers criticized Holcomb’s mandate announcement for using the state’s emergency law to sidestep the Legislature, which hasn't met since adjourning this year’s session in March just before widespread coronavirus precautions began.

Several of the state's police chiefs and sheriffs had indicated they wouldn’t have officers respond solely to calls about face mask violators. Some said they considered Holcomb’s proposed mandate unconstitutional.

The sheriff in Hamilton County, just north of Indianapolis, said he agreed with the attorney general’s opinion that only the Legislature could make a face mask violation illegal.

“Regardless of any opinion of masks or their impact on COVID-19 good or bad, we must not deviate from the documents which protect our freedoms and liberties,” said Sheriff Dennis Quakenbush, a Republican. “We must guard them at all costs. The men and women of the Hamilton County Sheriff’s Office will not be enforcing the mask mandate and will consider it null and void.”

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Indiana Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 162607

Reported Deaths: 4130
CountyConfirmedDeaths
Marion25871792
Lake14222358
St. Joseph9532166
Elkhart9156137
Allen8552230
Hamilton6335114
Vanderburgh609062
Tippecanoe391815
Porter341650
Hendricks3367134
Monroe333238
Johnson3239130
Delaware307675
Clark303163
Vigo272440
Madison248096
LaPorte236161
Cass228523
Warrick201565
Kosciusko198427
Floyd185868
Howard168466
Bartholomew146958
Dubois145526
Marshall145126
Wayne137931
Henry131330
Grant131039
Boone128050
Hancock123144
Noble121935
Jackson118517
Dearborn101728
Morgan98940
Lawrence94737
Gibson92812
Daviess91334
Clinton90316
Shelby89431
LaGrange82815
Knox81310
Harrison79924
Posey7667
Putnam76616
DeKalb75811
Fayette73918
Jasper6655
Miami6615
Steuben6578
Montgomery62022
White61016
Greene57338
Scott54513
Decatur52539
Adams5237
Whitley4796
Ripley4748
Clay4587
Sullivan45514
Wells44911
Wabash4389
Starke4378
Huntington4365
Orange42125
Spencer4126
Washington3863
Franklin38125
Randolph38110
Jennings37913
Fulton3764
Perry36114
Jefferson3525
Pike34318
Carroll33813
Jay3316
Fountain3193
Tipton28223
Vermillion2681
Parke2504
Newton23611
Blackford2344
Rush2304
Owen2111
Martin2040
Pulaski1753
Crawford1631
Brown1463
Ohio1337
Union1140
Benton1100
Switzerland970
Warren891
Unassigned0236

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