CHICAGO – Friday, Illinois Governor JB Pritzker announced the Illinois Department of Public Health (IDPH) will file emergency rules for businesses, schools, and child care establishments regarding the use of face coverings and the size of gatherings.
“As I’ve visited with and listened to mayors and health departments all across our state, it’s clear there is still an even greater need to get people to wear masks – especially to protect frontline workers, whether they’re at the front of a store asking you to put on your mask or whether they’re responding to 911 calls to save those in distress,” said Governor JB Pritzker.
“These rules, which provide multiple opportunities for compliance before any penalty is issued, are a commonsense way to enforce public health guidelines. Illinois has made substantial progress in our fight against COVID-19 because the vast majority of communities and business owners have done the right thing. These rules will help ensure that the minority of people who refuse to act responsibly won’t take our state backward.”
“We know that face coverings are key to helping prevent the spread of COVID-19, but it only works if everyone wears them,” said IDPH Director Dr. Ngozi Ezike. “We are seeing cases increasing each day and hearing about people not complying with the masking mandate. This rule is an effort to help keep all of us healthy and decrease the risk of contracting COVID-19.”
NEW IDPH COVID-19 EMERGENCY RULES
In an effort to maintain the progress we have made in Illinois’ COVID-19 pandemic response, the Pritzker administration is filing emergency rules for businesses, schools, and child care establishments regarding the use of face coverings and the size of gatherings.
These rules provide multiple opportunities for compliance before any penalty is issued, giving local health departments and local law enforcement more leeway to support community public health in a productive manner. While existing, pre-pandemic enforcement laws, like revoking a license, are stringent and severe, these rules provide flexibility for local communities and a measured process to help keep people safe.
That process is as follows:
- First, businesses will be given a warning in the form of written notice and encouraged to voluntarily comply with public health guidance.
- Second, businesses that do not voluntarily comply will be given an order to have some or all of their patrons leave the premises as needed to comply with public health guidance and reduce risks.
- Third, if the business continues to refuse to comply, the business can receive a class A misdemeanor and be subject to a fine ranging from $75-$2,500.
These rules do not apply to individuals and penalties will not exceed a misdemeanor and a $75-$2,500 fine.
The emergency rules also reinforce the authority of IDPH and local health departments to investigate COVID-19 cases and reaffirm that businesses have a responsibility to cooperate with those investigations.
The IDPH website lists the following "guidance" for wearing face masks:
Everyone over the age of 2 who can medically tolerate a face covering over their nose and mouth must wear one in a public place when unable to maintain a safe distance (6 feet) from others. Examples include:
- Shopping at essential businesses, like grocery stores or pharmacies.
- Picking up food from the drive thru or curbside.
- Visiting a health care provider,
- Traveling on public transportation.
- Interacting with customers, clients, or coworkers at essential businesses.
- Performing essential services for state and local government agencies, such as laboratory testing, where close interactions with other people are unavoidable.
- When feeling sick, coughing, or sneezing.
Those who are staying home and have no close contacts that are infected with COVID-19 do not need a mask while at home. Provided you do so alone or with close, household contacts, other situations that don’t require a mask or face covering include running or walking in your neighborhood, mowing the lawn, yard cleanup, gardening, driveway car washing, and other outdoor activities on your property. Nevertheless, we must be intentional about avoiding crowds and social distancing so we can enjoy physical connections later.
By following this guidance when you must leave your home, you help protect others in case you’re infected but don’t have symptoms.
Questions raised by Friday's order
Illinois Review responded to the governor's office press release by asking the following questions:
- Who will issue the “warning” listed as “First” in the process? How will this state entity be notified of a failure of mask enforcement by a particular business?
- Who will “order” that patrons leave a business’ premise?
- Does this mandate apply to private businesses that have few visitors – and is populated mostly by the businesses’ employees. For example, office or factory settings?
- What is the gathering number that is to be enforced? That is not mentioned in the press release.
Illinois Review will share the governor's office responses as soon as they are received.
