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July 9, 2020 5:05pm

KY Governor Beshear issues mandatory masking executive order


Kentuckians will now be required to wear masks in most public situations under a new Executive Order issued by Governor Andy Beshear this afternoon. The Executive Order can be read here and an accompanying emergency regulation here.

  • The order goes into effect on July 10 at 5:00pm and will be in effect for at least 30 days. It is subject to renewal.
  • Masking is broadly defined as a “face covering” that “covers the nose and mouth and is secured to the head with ties, straps, or loops over the ears.”
  • Masking will be required in generally all indoor public settings, including retail businesses, grocery stores, pharmacies, hair salons, child care facilities, restaurants, bars, health care settings, public transportation, taxis, ride-sharing services and in outdoor spaces where social distancing can not be maintained. Preexisting sector specific requirements mandating face coverings remain in effect.
  • Individuals who refuse to comply with the order are to be refused entry to public-facing entities or modes of transportation, asked to leave, and denied services.
  • ¬†Exemptions:
    • Children age five or younger
    • Individuals with disabilities that prevent them from safely wearing a mask
    • Individuals who are hearing impaired or who is communicating with an individual who is hearing impaired
    • An individual engaged in work that a state or federal regulator determines would make masking a risk to their health or safety
    • A person who is seated and actively consuming food or a beverage at a restaurant or bar
    • An individual giving a speech, provided that they are able to maintain social distances from individuals outside of their household
    • An individual in a swimming pool, lake, or other body of water
    • An individual exercising indoors at a gym or other facility so that long as they maintain social distancing
    • An individual participating in athletic practice that is permitted under separate Healthy at Work requirements
  • For businesses and other public-facing entities, the following agencies will oversee enforcement:
    • The Labor Cabinet, the Department for Public Health, local health departments, and other state regulatory agencies
  • For individuals, state and local law enforcement authorities will oversee enforcement.
  • Penalties for non-exempt individuals who refuse to comply with the order:
    • First offense: a warning
    • Second offense: a fine of $50
    • Third offense: a fine of $75
    • Each subsequent offense: $100
    • In certain instances, individuals could face civil and/or criminal penalties
  • PENALTIES FOR BUSINESSES: The emergency regulation filed on July 10 states, “Any owner, operator or employer of a business or other public-facing entity who violates this Regulation by permitting individuals on the premises who are not wearing a face covering and are not subject to any exemption shall be fined at the rates listed [above for individuals]. The business may also be subject to an order requiring immediate closure.”
  • 22 other states have issued some form of mandatory masking.