GREAT FALLS — City-County Health Department officials in Great Falls talked with MTN News after concerns arose from the community about businesses that are not compliant with the governor’s mask mandate. They say while they have not punished or threatened punitive action against any establishment, they have spoken to numerous businesses reported for non-compliance.
“We probably get at least a couple complaints every day about a business that may or may not be enforcing the mask directive,” said CCHD Health Officer Trisha Gardner.
- The CCHD in Great Falls on July 23rd formally adopted the state-wide mask mandate issued by Governor Steve Bullock on July 16th. The directive requires face coverings in all counties that have more than three active cases of COVID-19, in an effort to slow the spread of the virus. Click here for details about the directive. The directive requires that masks be used in most indoor settings and where social distancing cannot be maintained. Bullock said businesses will have the right to deny entrance to anyone not wearing a mask. “No shirt, no shoes, no mask, no service. It’s that simple,” he said.
Gardner says they wouldn’t consider taking disciplinary action against a business until they’d received multiple complaints and had checked in with the owner(s) several times. She said CCHD’s goal through reaching out to every business is education, not punishment. She said so far, most owners they’ve called simply needed more information about best practices. “Provide them with resources or education so that they can come into compliance with it,” she said.
County Attorney Josh Racki says his office has also provided clarification to business owners on what they can and can’t ask of customers under the mask directive. “You don’t want to ask them what their health condition is, but say, “Hey, this is my business, I prefer people wear masks,” and if the person says, ‘I have a health condition,’ then fine - that person doesn’t have to wear a mask.”
Racki says business owners do bear some responsibility when it comes to enforcing the mask directive, but they also say that language in the directive is vague about how far that responsibility goes. The directive holds business owners accountable for compliance, but not customers.
It also outlines a long list of exceptions to the mask rule that range from eating or drinking in an establishment that offers food and drinks for sale, to temporary face recognition for cell phones.
“If you were doing something strenuous, where breathing is more important - working out, even working and moving heavy things - there’s exceptions for that,” said Racki.
To shoppers who simply refuse to wear a mask by saying the governor's order is a mandate and not a law, Racki had this to say: “Why? Why don’t you want to do this? It can help protect your friends, your family, other people in the community. So why don’t you want to do it?”
On the other hand, officials say customers who take it upon themselves to police others about the mask mandate aren’t helping either. “It’s not by shaming or publicly putting down somebody else that we’re gonna get through this,” said Gardner.
They say regardless of what business you’re entering in the state, doing your part to wear a mask if and when possible takes some pressure off of business owners who are left to interpret what compliance means for their establishment.
“We’re all learning as we go through this, and we need to have that cooperation and work together and come at it from a unified standpoint,” said Gardner.
Gardner and Racki say it’s important that people continue wearing masks so that COVID numbers stay down and businesses stay open.
The governor's order does give some authority to local law enforcement and health departments when it comes to taking action against a business who is repeatedly in non-compliance, but said education still should be the focus.
For business owners who want to ensure they are doing everything they can to keep the community safe, Racki suggests posting signs on doors and points of entry, making sure employees are wearing masks, and encouraging people entering the business to wear masks.
The CCHD posted the following on Facebook on Tuesday:
Hello, Cascade County. On this morning’s post, we saw a lot of questions about what CCHD is doing to enforce the mask order in Cascade County. It is vital for you to know that, to date, we have not threatened or demanded that a single business close because of non-compliance with the mask order. There are multiple avenues for enforcement when we learn that a business is in violation of public health orders. Although the COVID-19 situation is constantly changing, here is an outline of our basic process:
- A complaint is filed- CCHD verifies the complaint
- We educate the business
- A second complaint is filed
- CCHD verifies the second complaint
- We educate the business a second time
- A third complaint is filed
- CCHD verifies the third complaint
- CCHD consults with the County Attorney’s office
- Cascade County Sheriff’s Office maybe brought in
- Penalties for violations are enforced
Violations can be enforced by civil injunction, as well as through criminal prosecution, with fines of up to $500 per day for each day of a violation, 90 days jail, or both upon conviction.
CCHD has no desire to be punitive—we hope our process shows that we default to education. That said, it is critical that Cascade County businesses and residents continue to work together to slow the spread of COVID-19. Let’s abide by the Governor’s directive regarding masks so that business owners can focus on staying open and serving their customers rather than on enforcing public health orders.
