Governor Pritzker & Governor Holcomb Issue Statewide Executive Orders Mandating Illinois and Indiana Businesses’ Use of Face Masks
Coronavirus victims may have legal causes of action against business establishments that have failed in defined legal duties of care to protect their customers (clients, patients, residents, etc.) as well as their employees and workers from harm due to exposure to COVID-19. We have discussed this duty of care before, see:
- Coronavirus Reopening in Indiana and Illinois: Duty of Care to Protect Employees against COVID-19 Exposure;
- Coronavirus and Danger of Exposure: Determining COVID-19 Risks in Indiana and Illinois; and
- Employers’ Duty to Protect Workers during Coronavirus Outbreak.
COVID-19 sufferers who contract the Coronavirus in either Indiana or Illinois may have a clearer path to justice insofar as proving up their personal injury claims because of new executive orders issued by Indiana Governor Eric Holcomb and Illinois Governor JB Pritzker.
Illinois Emergency COVID-19 Mask Order: Criminal Fine for Businesses, Schools, and Child Care Establishments
On Friday, August 7, 2020, Illinois Governor JB Pritzker announced a new Illinois Department of Public Health (IDPH) emergency rule for (1) businesses, (2) schools, and (3) child care establishments which mandates the use of face coverings on their premises. The new emergency rule also defines statewide legal requirements for the size of gatherings.
Under the new Illinois Emergency Rule, greater power is given to both local health departments as well as law enforcement to make sure these protections are respected and implemented. They are in addition to earlier regulations that included the ability to revoke a business license for non-compliance.
Failure to Comply Can Result in a Misdemeanor Charge for the Business
In Illinois, as of August 2020, under this new COVID Emergency Rule, enforcement occurs in three stages with the ability of law enforcement to arrest and charge as a Class A Misdemeanor with accompanying fine not to exceed $2500.
- 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-$2500 fine.
“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.
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.”
Indiana Emergency Coronavirus Statewide Mask Order: No Criminal Penalty
On July 24, 2020, Governor Eric Holcomb signed Executive Order 20-37 (read it here) that also mandates face coverings on all premises as follows unless a specific exception applies:
- Business, public building, or other indoor place open to the public;
- Outdoor public space wherever it is not feasible to maintain six feet of social distancing from another person not in the same household; and
- Public transportation or while in a taxi, private car service, or ride-sharing vehicle.
In Indiana, unlike Illinois, there is no criminal charge that can be filed against an establishment that fails to make sure this Face Covering Executive Order is being respected on its premises. In Indiana, health departments at the state and local levels have been given the duty to make sure there is compliance with this Face Mask Mandate. This is so even though Governor Holcomb had earlier announced that Hoosiers would face arrest for a Class B Misdemeanor (up to 6 months in jail) and a maximum fine of $1000 for noncompliance. See, “Are Masks Mandatory In Indiana? Here Are 3 Things To Know,” written by Nate Chute and published in the Muncie Star Press on July 22, 2020.
The Indiana Face Covering Requirement expires pursuant to language found in Executive Order 20-37 on August 26, 2020, unless the Governor chooses to extend the requirement.
“Hoosiers have worked hard to get where we are today with businesses open and people back at work. We want to keep it that way. We don’t want to dial things back. Face coverings can and will help us blunt the increase of this virus.”
Face Coverings and Proving Personal Injury Coronavirus Claims
Under these new statewide mandates, face coverings have been recognized as a protection against exposure to COVID-19 and the spread of Coronavirus. Accordingly, any potential defendant in a future Coronavirus Injury claim has been given the knowledge and instruction that face masks worn on their premises is a reasonable and prudent step to keep people safe. This is true for both workers and employees as well as customers, clients, residents, etc.
The failure to make sure face masks are being worn on the premises of a business in Indiana or Illinois, especially after these statewide Executive Orders, arguably establishes a breach in the duty of care placed upon the business to keep the COVID-19 victim claimant safe.
Plaintiffs in Coronavirus injury claims have the burden of proving by admissible evidence that there has been a breach in the duty of care owed to them by the business (as a client, customer, employee, etc.) and that this breach caused their harm and resulting compensable damages.
The Indiana and Illinois Executive Orders explain that requiring face coverings is a reasonable and prudent thing to do in order to protect people against COVID-19. Face masks arguably are a part of a business’ legal “duty of care” in both Illinois and Indiana as a result of these new actions by our state governors.
COVID-19 Injury Claims in Illinois and Indiana
If you or a loved one has become ill with COVID-19, then it is important to investigate the circumstances surrounding your Coronavirus exposure and whether or not a business’ breach of its duty of care and safety may be the cause of your infection and resulting injuries (both physical and financial).
For more, read:
- Coronavirus Lawsuits and COVID19 Legal Claims in Indiana and Illinois: Wrongful Death or Serious Injury;
- Emotional Distress Caused by COVID-19: Recognized Harm to Victims As a Legal Claim for Relief?
- Coronavirus on the Job: OSHA Failing to Keep Workers Safe from COVID-19 but New Notice May Help Victims Prove Their Legal Claims;
- Coronavirus Insurance Claims for Illness: Coverage for COVID-19 Bodily Injury and Claim Denials;
- Coronavirus on the Job: Proving Employee Exposure Claims Against Employer for COVID-19 Injury.
Failures of businesses in Indiana or Illinois to undertake their legally mandated duty to keep people safe from COVID-19 on their premises, including making sure everyone is wearing face coverings, may be argued as legal wrongs that have legal consequences. Please be careful out there!
