Are face masks becoming the norm?
Face mask policies are suddenly becoming the norm. At the time of writing this, they seem to be spreading faster than the disease. Even the third person in line for President recently stated her opinion that face masks should be mandatory throughout the US. You see warnings everywhere, even with the hashtag #MaskUpPHX. Since it is becoming the norm, this article looks at Arizona’s face mask regulation in order to determine what businesses and individuals can expect.
Maricopa county, the largest population center in Arizona, recently issued a face mask regulation. Phoenix and other cities followed suit. While it might seem late to some, we should not be surprised that political leaders are trying to do something as COVID-19 cases spike. Maybe with more testing we are finally turning on the lights? Regardless, the reality is freaking people out, causing frantic changes, like Governor Ducey deciding to shut down sectors of the economy. There is no proof that the disease is spreading in these areas, only that they are failing to comply with face mask policies.
Many of us can be wondering how far this face mask policy goes.
Do you need to wear your face mask everywhere? For instance, people are wearing masks while they walk their dog. You see people wearing masks in their cars. I saw an elderly lady pushing a cart across a cross walk while wearing a mask. It was well over 100 degrees! That is when I decided to write this article. I am not getting into whether this is medically recommended. I’ll be honest that it does seem counterproductive for the elderly woman pushing a cart with no one around, while on 7th Ave and Thunderbird, in the middle of the day and 110 degree heat! That seems really sad to me that our society is treating our beloved elder this way.
Therefore, my angle here is whether it is legally necessary to wear a mask everywhere.
The answer is…
NO! Absolutely not. At least not in Arizona at this time.
I am not the least trying to make light of this issue. I only want to elevate the legal pressure. You can either read the policies I reference in the links, which I will simplify in a moment, or read the declarations or the city’s frequently asked questions page and see it is not necessary to wear your mask everywhere and all the time.
At the same time, it’s understandable that some wear masks everywhere because of fear. People hear and read general proclamations on the news or tattooed all over billboards. They usually state the message loud and clear to “wear your mask in public in order to stop the spread.” Of course you have the freedom to take that message as far as you want, but I am here to help balance this issue for people who really don’t want to wear masks everywhere, especially elderly people who might have medical reasons not to wear them.
When must you wear face masks in Arizona?
The confusing part is trying to understand where a City is more strict than the County. For now, let’s focus mainly on the county. Maricopa County has rules on mask wearing, see section II of the order.
Let me simply summarize: You must wear a mask on public transit and when you are within an enclosed area of public accommodation (i.e. grocery store). There are exemptions to this general rule, but that is the general rule.
Next, the mandate lists exemptions in section III. While this part feels like our government is giving us permission, we can also see it as simply trying to clarify in order to alleviate worry and focusing on the main areas of concern. At least that is how I feel better about this draconian policy during a state of emergency.
The main exemptions from wearing face masks include:
- Does not apply to people in homes (oh good, I can take my mask off)
- Children under 2 years old (“honey, take your mask off”)
- Restaurant patrons while they are eating and drinking (because that’s messy)
- People walking or exercising outdoors, unless you are doing it with a group (because who is doing that anyway)
- When in a personal vehicle, office or other personal space
Ok, this stuff is obvious right?
Next, I will attempt to make peace between people who respond differently to the Arizona Face Mask Policy, a peace which can happen when we step back, think rational and appreciate differing views.
Lastly, I will end by trying to make peace between opposing views. Aside from me simply encouraging you to obey the decisions of those we elected, I also believe an objective cost/benefit analysis helps understand differing perspectives. Of course, you should wear your mask because it is the law. I am not saying that just because I am a licensed attorney. Rather, while I believe there are battles to fight within this policy (for a future article), I genuinely believe in obeying the governing authorities. I also believe this can be a divisive issue, and it helps to be rational by stepping back and doing a cost/benefit analysis, in order to understand why some are hesitant.
One side sees mostly benefits, and the other sees mostly costs, and exercises it’s right to be careful trusting government. One very loud faction sees the benefits far outweighing a relatively low cost and demands everyone pay the price. People can really feel this way after months of suffering the societal costs of COVID-19, maybe wanting to tell people, “just shut-up and wear the mask!”
However, the fact is there are real costs to wearing a mask. That is to say, while wearing your face mask can possibly bring a societal and personal benefit (i.e. if it stops the spread of disease), people also suffer costs, even if they are not fully appreciating the weight of those costs. Some deeply feel the costs. These might also be those who celebrate freedoms a little more zealously than others. That doesn’t mean they’re protesting or disobeying laws because this group also tends to support the troops and law enforcement. It just means they are less willing to give up freedoms. Both sides continue the tug of war, unless they appreciate one another’s perspective, and properly weigh costs and benefits of wearing a mask.
Since the benefits seem more obvious with all the mandates taking effect, I will attempt to bring balance by focusing mainly on the costs. As Phoenix Councilman Garcia, who voted for the mandate, expressed concerns regarding how the policy is enforced to protect civil liberties, the education process and compliance is enhanced by appreciating people’s sacrifice.
I will list two main costs of wearing face masks.
First, there is the cost of civil liberties, namely the freedom from wearing a mask, and even possibly a stigma for choosing not to wear during the inevitable exception areas (restaurants, while working out, at the park with your dog, etc). As we saw with 9/11, people have a tendency to give up freedoms in times of emergency when balanced against safety. This clearly went too far when the federal government passed unconstitutional laws that were mainly used to collect data on US citizens, not foreign terrorists.
Second, and even more basic, there could be a significant health cost because masks can deny the body oxygen, which is especially detrimental in the heat. There’s a lot of mixed messages about masks being safe, yet there are exemptions for those who have medical conditions. Doctors could risk malpractice if they promote mask wearing without disclosing the inherent concern with getting enough oxygen.
I believe the doctor in the above video link does a great example doing what I am advocating. He does a good job balancing the health concerns with the benefits of wearing a mask. That’s the peacemaking leadership we need right now.
In summary, there is a face mask wearing policy in Arizona’s major population centers. Enforcement starts with a warning. Eventually they will issue fines. Businesses can refuse services if people don’t wear masks, while some businesses find it difficult to operate when forcing their clientele to wear masks. The latter are already seeing our Governor shut them down without any proof that they are causing the spread, mainly because they are not able to keep people from speeding the spread.
I hope this was interesting, informative, and helpful perspective. Please let me know if you have further questions or if want legal help personally or for your business.
