Many of you are aware that last week Governor Ducey stated that cities/towns could provide their own guidance on when individuals need to wear face coverings (masks). Most cities wasted no time preparing and passing emergency orders that make wearing face coverings mandatory.
This post will focus solely on the responsibility of businesses arising from the emergency order, but it should be understood that these emergency orders place responsibility on both individuals and businesses.
The emergency orders from city to city carry some common features, but they do have some key differences as well. Below is a summary of orders set by Mesa, Gilbert, Chandler, Tempe, Scottsdale, and Phoenix, along with links to the actual emergency orders themselves.
Mesa
In Mesa, the order states that anyone entering, exiting, or waiting in line to enter a place of business or public accommodation needs to wear a face covering. Businesses must require all employees who interact with the public to wear a face covering. Exceptions apply to people with medical, mental, or physical conditions, children under six, and when an individual is in a work office, conference room, or another workspace not intended for use by the general public. Non-compliance will first be met with an effort to educate then will be followed with a maximum $50 fine per occurrence.
Gilbert
In Gilbert, the order requires that individuals wear face coverings in any indoor or outdoor place where social distancing cannot be maintained. Exceptions apply to people with medical, behavioral, and physical conditions, as well as for children under six. Businesses are asked to post signage of the emergency order at the place of the entrance (click here for the notice). Gilbert is currently requesting voluntary compliance.
Chandler
In Chandler, the order states that it wants businesses to comply with all executive orders and guidance issued by State/Federal health agencies relating to COVID-19 and that all employees must wear face coverings while engaging in face-to-face consumer activities. Chandler is currently requesting voluntary compliance
Tempe
In Tempe, all businesses that interact with the public must require employees to wear face coverings over the nose and mouth. Exceptions apply to individuals with medical, mental or physical limitations. Businesses shall enforce this proclamation by asking any person failing to comply with the emergency order to leave the premises. Allowing a person to stay at your place of business without a face covering is a violation. Non-compliance will first be met with an effort to educate then will result in a misdemeanor.
Scottsdale
In Scottsdale, the order states that businesses that interact with the public must require employees to wear face coverings. Exceptions apply to individuals with medical, mental, or physical conditions. Private businesses and venues are required to enforce the order by asking people without a face covering to leave the premises. Allowing an individual to stay without a face covering is a violation. Non-compliance will first be met with an effort to educate then will result in a misdemeanor.
Phoenix
In Phoenix, the order states that all individuals in the City of Phoenix shall have possession of a face covering and wear it whenever within six feet of someone who is not a member of their household. Exceptions apply to individuals with medical, mental, or physical conditions. Businesses can refuse to provide services to individuals who are not wearing face coverings and do not meet an exception. Failure to comply will first be met with education then could be met with a civil penalty of between $0 to $250. Businesses are encouraged to post a notice of the emergency order at their place of business (click here for the notice).
Other Cities
You can see the emergency orders for other cities here.
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This article is intended for informational purposes only and does not constitute legal advice for your specific situation. Use of and access to this article does not create an attorney-client relationship between you and Counxel Legal Firm. Please contact request@counxel.com or (480) 744-6621 to request specific information for your situation.
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