Beginning on July 23, a statewide mask mandate went into effect for citizens living in all 88 Ohio counties. Governor DeWine said then: "We believe that requiring masks statewide will make a significant difference and will be key to making sure other counties do not progress to a higher level of increased spread."
That mask mandate stated ll individuals in Ohio must wear facial coverings in public at all times when:
At an indoor location that is not a residence
Outdoors, but unable to maintain six-foot social distance from people who are not household members
Waiting for, riding, driving, or operating public transportation, such as a taxi, a car service, or a private car used for ride-sharing.
The New Mask Mandate (November 11)
Now, in the wake of a huge surge in cases of COVID-19 (a record 6,508 new cases on Tuesday, November 10) and rapidly increasing numbers of hospitalizations, Governor DeWine reissued a new mask mandate on Wednesday, November 11.
Note: More than 6,500 daily cases were reported Tuesday, passing the previous record by nearly 1,000 cases. It was the first time Ohio recorded more than 6,000 cases in a day and is almost double the 21-day average of 3,612. Tuesday also was the first time Ohio passed 300 hospitalizations in a day, with 386. On Wednesday, new cases reached nearly 5,900.
The new Mask Mandate declares:
Each business will be required to post a Face Covering Requirement sign at all public entrances to the store.
Each store will be responsible for ensuring that customers and employees are wearing masks.
A new Retail Compliance Unit, comprised of agents led by the Bureau of Workers’ Compensation, will inspect to ensure compliance.
DeWine also announced a new order pertaining to gatherings. The order will also apply to gatherings such as weddings. The order will require everyone to be seated and wearing a mask while eating. It also prohibits dancing and games.
(NBC4 Staff. “DeWine says Ohio remains in a state of emergency, announces new retail mask order.” NBC 4. Updated: November 11, 2020.)
Under those provisions, each business will be required to post a face-covering requirement sign at all public entrances to the store, each store will be responsible for ensuring that customers and employees are wearing masks and a new “retail compliance unit” will conduct inspections to ensure people are following the rules.
“The first violation of this order will bring about a written warning and a second violation will bring about closure of the store for up to 24 hours,” DeWine said.
Who Will Enforce the Order?
The new mask order clearly states each store will be responsible for ensuring that customers and employees are wearing masks. That new Retail Compliance Unit is comprised of agents led by the Bureau of Workers' compensation. They will inspect to assure compliance.
The first Ohio mask order was attacked by some officials. Cincinnati attorney Chris Finney said that order was unconstitutional. Of that order, Finney, a board member of the 1851 Center for Constitutional Law – a Columbus-based nonprofit legal center that has challenged DeWine's coronavirus restrictions – said …
"It's more of a plea than a threat. We don't think there was any serious intent to enforce this with criminal penalties or civil penalties. I don't know how they would do it."
Even then, defiance of a health order was a second-degree misdemeanor, punishable by up to 90 days in jail or a fine of not more than $750, according to state law.
But, no one was willing to enforce that.
Some law enforcement agencies in the Cincinnati region said they would not enforce the mask order, including the sheriffs of Hamilton and Butler counties.
However, eports say no fines were issued in Cincinnati (as of July 20 – date of the source), where the city council has given the Cincinnati Health Department clear authority to issue $25 fines for people not wearing masks in public places indoors.
Since DeWine's mask order went into effect July 9, Hamilton County Public Health had received 187 complaints about local businesses where people were not wearing masks, according to records obtained by The Enquirer (July 20).
In five cases, health inspectors sent the business a copy of DeWine's order.
There were no notice of violations issued in relation to the mask order in Hamilton County, according to Mike Samet, spokesman for the Hamilton County Public Health District.
(Scott Wartman. “Coronavirus in Ohio: No enforcement of DeWine mask mandates.” Cincinnati Enquirer and USA Today Network. July 20, 2020.)
In the current dangerous situation, people must mask and social distance. The individual stores and the new Retail Compliance Unit must work together to stop the spread of the virus in Ohio. Inaction and indifference will harm and kill many innocent Ohioans.
As good citizens, we also cannot ignore noncompliance by businesses. Those businesses must be held accountable to confront customers who fail to follow face covering requirements. We individual customers are also bound by a social covenant to preserve public safety. And, really, the state is asking such little inconvenience in the first place. We must begin to report maskless individuals in stores to the management.
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