I hit send too soon. Regarding whether the government must provide masks or face coverings if it is required to enter public buildings- we require people to wear shoes usually to enter public buildings and yet we don't supply shoes to those without them if they want to enter the building. I can see the argument both ways, but I'm not convinced, yet, that the government must provide masks to people if it is a requirement to enter a building. Requiring masks under these circumstances would appear to be a reasonable requirement. Just an additional thought. Best, Jim James B. Lampke, Esq. Town Counsel-Town of Hull 115 North Street, Suite 3 Hingham, MA 02043 781-749-9922 fax-781-749-9923 c-617-285-4561 jlampke@town.hull.ma.us INTER/INTRA DEPARTMENTAL MEMO REGARDING POLICY FORMULATION NOT A PUBLIC RECORD SUBJECT TO MANDATORY DISCLOSURE PROPER SUBJECT FOR EXECUTIVE SESSION ATTORNEY-CLIENT/ATTORNEY WORK PRODUCT PRIVILEGED MATERIAL ________________________________________ From: Lampke, James Sent: Wednesday, April 29, 2020 6:44 PM To: Lampke, James; disasterrelief@lists.imla.org Subject: RE: [Disasterrelief] Masks This issue came up today in a (remote) meeting regarding our annual election and annual town meeting (our legislative body at which all voters can attend and participate) which have been postponed to June. There is, at least presently, no state law or order from the Governor or the Department of Public Health requiring wearing of masks or face coverings when outside your home. Similarly, my Town has not issued such a requirement. It is advised, but not required. Our Health Department has the authority to do so but is not inclined to do so due to various issues, including enforcement. Some businesses have refused admittance by the public unless the person has a mask. The question that came up today, that I have to answer soon, is can the Town require people coming to the town meeting and election poll to wear a mask, and if so, do we have to provide the mask. This raises some constitutional issues given the right to vote. If we do it, there was some talk about the Town providing masks for those who do not bring them. However, I am a bit concerned about the potential liability of the Town giving out masks that we might buy from a vendor or receive as a donation from local residents (several groups are making their own masks and donating them to various places). What happens if someone gets sick and makes a claim that the mask did not protect them? or they got sick from the mask? We could use releases, but that is a bit awkward. I imagine most people would know enough to wear their own mask. Always interested to hear if others have similar issues and what people think about requiring them under the above circumstances. Best, Jim James B. Lampke, Esq. Town Counsel-Town of Hull 115 North Street, Suite 3 Hingham, MA 02043 781-749-9922 fax-781-749-9923 c-617-285-4561 jlampke@town.hull.ma.us INTER/INTRA DEPARTMENTAL MEMO REGARDING POLICY FORMULATION NOT A PUBLIC RECORD SUBJECT TO MANDATORY DISCLOSURE PROPER SUBJECT FOR EXECUTIVE SESSION ATTORNEY-CLIENT/ATTORNEY WORK PRODUCT PRIVILEGED MATERIAL ________________________________________ From: Disasterrelief [disasterrelief-bounces@lists.imla.org] on behalf of Jacquilyn Saito [Jacquilyn_Saito@co.washington.or.us] Sent: Wednesday, April 29, 2020 6:22 PM To: Rosemary Humway-Warmuth; Amanda Stanley Cc: disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Masks At this point, my county does not require the wearing of masks based on the CDC’s recommendations and our Governor’s advice. We’re sticking with encouraging the use of masks when in a public space, but certainly when physical distancing cannot be guaranteed. We do have masks for any employees who ask for one and I believe we plan to provide masks for members of the public once our buildings open back up for business. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Rosemary Humway-Warmuth Sent: Wednesday, April 29, 2020 3:05 PM To: Amanda Stanley <astanley@lkm.org> Cc: disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Masks If the municipality requires the protective equipment I would believe it is incumbent upon the municipality to supply such. Our City is doing such — 1 mask per EE w/ CDC guidance as to use , cleaning , etc. I welcome more learned colleagues input on this matter. Sent from my iPhone On Apr 29, 2020, at 5:59 PM, Amanda Stanley <astanley@lkm.org<mailto:astanley@lkm.org>> wrote:  This might be state law specific, but has anyone done any research on if we can legally require people to wear masks in court or in other public buildings? If we can, do you think the city would have to provide the mask? Amanda L. Stanley General Counsel astanley@lkm.org<mailto:astanley@lkm.org> 785-354-9565 _______________________________________________ Disasterrelief mailing list Disasterrelief@lists.imla.org<mailto:Disasterrelief@lists.imla.org> http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org ________________________________ This email has been scanned for spam and viruses by Proofpoint Essentials. Click here<https://gdsprotect.cloud-protect.net/index01.php?mod_id=11&mod_option=logitem&mail_id=1588199024-FqYWVmsUP2me&r_address=jlampke%40town.hull.ma.us&report=1> to report this email as spam.

My sentiments exactly with Jim's shoes requirement analogy. Goodness, people are required to wear clothing without the government supplying it! In Maryland, the Governor ordered two Thursdays ago the wearing of some sort of facial covering (i.e., bandanna, scarf or manufactured mask) in public effective the following Saturday at 7 AM. On Thu, Apr 30, 2020 at 7:30 AM Lampke, James <jlampke@town.hull.ma.us> wrote: > I hit send too soon. > > Regarding whether the government must provide masks or face coverings if > it is required to enter public buildings- we require people to wear shoes > usually to enter public buildings and yet we don't supply shoes to those > without them if they want to enter the building. I can see the argument > both ways, but I'm not convinced, yet, that the government must provide > masks to people if it is a requirement to enter a building. Requiring > masks under these circumstances would appear to be a reasonable requirement. > > Just an additional thought. > > Best, > > Jim > > > > James B. Lampke, Esq. > Town Counsel-Town of Hull > 115 North Street, Suite 3 > Hingham, MA 02043 > 781-749-9922 > fax-781-749-9923 > c-617-285-4561 > jlampke@town.hull.ma.us > > INTER/INTRA DEPARTMENTAL MEMO > REGARDING POLICY FORMULATION > NOT A PUBLIC RECORD SUBJECT TO MANDATORY DISCLOSURE > PROPER SUBJECT FOR EXECUTIVE SESSION > ATTORNEY-CLIENT/ATTORNEY WORK PRODUCT PRIVILEGED MATERIAL > > ________________________________________ > From: Lampke, James > Sent: Wednesday, April 29, 2020 6:44 PM > To: Lampke, James; disasterrelief@lists.imla.org > Subject: RE: [Disasterrelief] Masks > > This issue came up today in a (remote) meeting regarding our annual > election and annual town meeting (our legislative body at which all voters > can attend and participate) which have been postponed to June. > > There is, at least presently, no state law or order from the Governor or > the Department of Public Health requiring wearing of masks or face > coverings when outside your home. Similarly, my Town has not issued such a > requirement. It is advised, but not required. Our Health Department has > the authority to do so but is not inclined to do so due to various issues, > including enforcement. > > Some businesses have refused admittance by the public unless the person > has a mask. > > The question that came up today, that I have to answer soon, is can the > Town require people coming to the town meeting and election poll to wear a > mask, and if so, do we have to provide the mask. > > This raises some constitutional issues given the right to vote. > > If we do it, there was some talk about the Town providing masks for those > who do not bring them. However, I am a bit concerned about the potential > liability of the Town giving out masks that we might buy from a vendor or > receive as a donation from local residents (several groups are making their > own masks and donating them to various places). What happens if someone > gets sick and makes a claim that the mask did not protect them? or they got > sick from the mask? We could use releases, but that is a bit awkward. I > imagine most people would know enough to wear their own mask. > > Always interested to hear if others have similar issues and what people > think about requiring them under the above circumstances. > > Best, > > Jim > > > > James B. Lampke, Esq. > Town Counsel-Town of Hull > 115 North Street, Suite 3 > Hingham, MA 02043 > 781-749-9922 > fax-781-749-9923 > c-617-285-4561 > jlampke@town.hull.ma.us > > INTER/INTRA DEPARTMENTAL MEMO > REGARDING POLICY FORMULATION > NOT A PUBLIC RECORD SUBJECT TO MANDATORY DISCLOSURE > PROPER SUBJECT FOR EXECUTIVE SESSION > ATTORNEY-CLIENT/ATTORNEY WORK PRODUCT PRIVILEGED MATERIAL > > ________________________________________ > From: Disasterrelief [disasterrelief-bounces@lists.imla.org] on behalf of > Jacquilyn Saito [Jacquilyn_Saito@co.washington.or.us] > Sent: Wednesday, April 29, 2020 6:22 PM > To: Rosemary Humway-Warmuth; Amanda Stanley > Cc: disasterrelief@lists.imla.org > Subject: Re: [Disasterrelief] Masks > > At this point, my county does not require the wearing of masks based on > the CDC’s recommendations and our Governor’s advice. We’re sticking with > encouraging the use of masks when in a public space, but certainly when > physical distancing cannot be guaranteed. We do have masks for any > employees who ask for one and I believe we plan to provide masks for > members of the public once our buildings open back up for business. > > From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of > Rosemary Humway-Warmuth > Sent: Wednesday, April 29, 2020 3:05 PM > To: Amanda Stanley <astanley@lkm.org> > Cc: disasterrelief@lists.imla.org > Subject: Re: [Disasterrelief] Masks > > If the municipality requires the protective equipment I would believe it > is incumbent upon the municipality to supply such. Our City is doing such — > 1 mask per EE w/ CDC guidance as to use , cleaning , etc. I welcome more > learned colleagues input on this matter. > Sent from my iPhone > > > On Apr 29, 2020, at 5:59 PM, Amanda Stanley <astanley@lkm.org<mailto: > astanley@lkm.org>> wrote: >  > This might be state law specific, but has anyone done any research on if > we can legally require people to wear masks in court or in other public > buildings? If we can, do you think the city would have to provide the mask? > > > Amanda L. Stanley > General Counsel > astanley@lkm.org<mailto:astanley@lkm.org> > 785-354-9565 > > _______________________________________________ > Disasterrelief mailing list > Disasterrelief@lists.imla.org<mailto:Disasterrelief@lists.imla.org> > http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org > > > > ________________________________ > > This email has been scanned for spam and viruses by Proofpoint Essentials. > Click here< > https://gdsprotect.cloud-protect.net/index01.php?mod_id=11&mod_option=logitem&mail_id=1588199024-FqYWVmsUP2me&r_address=jlampke%40town.hull.ma.us&report=1> > to report this email as spam. > > _______________________________________________ > Disasterrelief mailing list > Disasterrelief@lists.imla.org > http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org > -- Kevin J. Best, Esq., MPA The Law Office of Kevin J. Best 106B Defense Highway, Suite A Annapolis, Maryland 21401 kevin@kevinbestlaw.com www.kevinbestlaw.com Tel. 410-777-8506 Cell 410-533-6019 Fax 410-286-1876 *Please note that I typically cannot send or receive emails in excess of 25MB. If you send me an email >25MB, you may get a bounce notice but I will not. If you need to send me an email with a large attachment or if you get a bounce notice for one you sent, please contact me to arrange for you to get the attachment(s) to me. *This electronic mail, including any attachments, is confidential and is for the sole use of the intended recipient and may be privileged. Any unauthorized distribution, copying, disclosure or review is prohibited. Neither communication over the Internet nor disclosure to anyone other than the intended recipient constitutes waiver of privilege. If you are not the intended recipient, please immediately notify the sender and then delete this communication and any attachments from your computer system and records without saving or forwarding. Thank you.