Mayor Frey Generally Orders Everyone Over Age Two To Wear Masks or Cloth Face Coverings Inside Minneapolis “Places of Public Accommodation

May 21, 2020

Earlier today, Minneapolis Mayor Frey issued Emergency Regulation No. 2020-12. The Order orders every person over the age of two to wear a “mask or cloth face covering in accordance with CDC guidance when in indoor spaces of public accommodation,” if the person can “medically tolerate” it. The covering must cover the person’s “nose and mouth.”

The Order further orders employers of businesses that are spaces of public accommodation “as defined by this Order” to “require their employees to wear a cloth face covering whenever such employees have face-to-face contact with the public.”

The Order defines “cloth face covering” as “a covering that fully covers a person’s nose and mouth but is not a Medical-Grade Mask,” such as “an N95, KN95, surgical, or other mask that would be appropriate for a healthcare setting, or a setting in which direct patient care is provided.”

The Order defines “space of public accommodation” expansively:

A space of public accommodation means a business, or an educational, refreshment, entertainment, or recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. Examples include retail stores, rental establishments, government buildings, and service establishments as well as educational institutions, recreational facilities, and service centers.

The Order takes effect on May 26, 2020, at 5:00 p.m.

A violation of the Order “may be enforced by the issuance of warning letter(s), administrative citation to City-licensed businesses, and/or misdemeanor prosecution. Minn. Stat. § 12.45; MCO § 1.30.”

If you have further questions about the order, Arthur Chapman’s COVID-19 Task Force would be happy to advise.