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.orgmailto:astanley@lkm.org
785-354-9565

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 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.orgmailto:astanley@lkm.org
785-354-9565

Disasterrelief mailing list
Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

On a somewhat related note, see attached and below from the Texas courts and Texas lawyer journal.

Guidance on Conducting Court Proceedings (UNCHANGED FROM LAST WEEK)
The Twelfth Emergency Order Regarding the COVID-19 State of Disaster prohibits courts from conducting any in-person proceedings contrary to guidance issued by the Office of Court Administration regarding social distancing, maximum group size, and other restrictions and precautions. It also requires courts to use all reasonable efforts to conduct proceedings remotely.
The following guidance is provided for all courts:
·        In-person proceedings of any size should be delayed until at least June 1.
·        Essential proceedings should occur in-person only if holding the proceeding remotely is not possible or feasible.
·        If essential proceedings must be held in-person, the court should ensure that:
o    No more than 10 persons are gathered in the courtroom or in areas around the courtroom (see EXCEPTION below);
o    Participants wear face coverings where possible; and
o    Participants in the courtroom are separated consistent with social distancing and other precautions.
·        EXCEPTION: Essential proceedings may occur in-person in excess of the 10-person maximum if the law requires more than 10 persons for the proceedings, such as grand jury deliberations. Participants should be separated consistent with social distancing and should wear face coverings where possible. (Note: Emergency Order 12 permits, but does not require, grand jurors to meet remotely).
·        No non-essential proceedings should be held in-person.
·        With the introduction of the remote proceedings capability through Zoom, most non-essential proceedings, except for jury trials, can be conducted remotely, and there are no limitations on those remote proceedings so long as reasonable notice and access is provided to the participants and the public.
OCA has been consulting with the state health experts on guidelines for permitting in-person proceedings in the future and anticipates releasing updated guidance later this week.

https://www.txcourts.gov/media/coronavirus-covid-19-court-operation-guidance/

Deidra Penny
Deputy City Attorney & First Assistant City Attorney
City of Houston Legal Department
Deidra.Penny@HoustonTx.govmailto:Deidra.Penny@HoustonTx.gov
832.393.6246tel:832.393.6246 (O)

The information contained above or attached is privileged and/or confidential. If you received this data in error, please notify me, destroy all copies immediately and do not copy or distribute the information.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Amanda Stanley
Sent: Wednesday, April 29, 2020 4:59 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Masks

[Message Came from Outside the City of Houston Mail System]
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.orgmailto:astanley@lkm.org
785-354-9565

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.orgmailto: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.orgmailto:astanley@lkm.org
785-354-9565

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

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
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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.orgmailto: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.orgmailto:astanley@lkm.org
785-354-9565

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto: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 herehttps://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.

Here is Wichita’s policy.  I believe that our Municipal Court Judges may apply some discretion during trials.

Face masks must be worn by employees at all times in the following areas:

1.  Any space in which proper social distancing cannot be maintained (i.e. separation of six feet or more from all other individuals)
   

2.  Any environment that potentially places employees in close proximity of other individuals
   

(including restrooms, elevators, lobbies, breakrooms, conference rooms etc.)

3.  At remote locations that require public interaction while conducting City business
   

4.  Any space in which an individual is experiencing “flu-like symptoms” (including sneezing, coughing, runny nose, etc.)
   

In addition, non-employees visiting City Hall are required to wear a face mask while visiting City facilities.  Visitors to City facilities are expected to provide their own masks.  Visitors needing a mask, upon arrival, may obtain a mask at the entrance to City facilities.
Department Heads are authorized to implement more stringent face mask requirements within their respective departments in the event that critical business operations or public health considerations require such measures.
Mask Requirements
Cloth face coverings, not surgical masks or N-95 respirators, are recommended.  Those are critical supplies that must continue to be reserved for healthcare workers and other medical first responders, as recommended by current CDC guidancehttps://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover.html.
Provision of Face Masks
The City of Wichita will provide face masks to City staff who are currently working within City facilities to assist them in complying with this policy. Employees are permitted to acquire and wear their own face mask.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Philippa Guthrie
Sent: Tuesday, May 26, 2020 1:09 PM
To: Amanda Stanley astanley@lkm.org
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Masks

I have a different but related question. Are any of you mandating the wearing of masks for your employees? If so under what circumstances, e.g. whenever they cannot maintain 6 feet of distance from a coworker? And if you are mandating, how are you planning to enforce it?

[Image removed by sender.]

Philippa M. Guthrie

Corporation Counsel, Legal Department
City of Bloomington, IN
guthriep@bloomington.in.govmailto:guthriep@bloomington.in.gov
812.349.3547 Office
812.325.7512 Cell
bloomington.in.govhttp://www.bloomington.in.gov

CONFIDENTIALITY NOTICE

This transmission (including any attachments) may contain information which is confidential, attorney work product and/or subject to the attorney-client privilege, and is intended solely for the recipient(s) named above.  If you are not a named recipient, any interception, copying, distribution, disclosure or use of this transmission or any information contained in it is strictly prohibited, and may be subject to criminal and civil penalties.  If you have received this transmission in error, please immediately call us collect at (812) 349-3426, delete the transmission from all forms of electronic  or other storage, and destroy all hard copies.  Do NOT forward this transmission.  Thank you.

On Wed, Apr 29, 2020 at 5:59 PM Amanda Stanley <astanley@lkm.orgmailto: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.orgmailto:astanley@lkm.org
785-354-9565

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

The City of Houston’s policy is available at https://www.houstontx.gov/adminpolicies/3-39.pdf.

Deidra Penny
Deputy City Attorney & First Assistant City Attorney
City of Houston Legal Department
Deidra.Penny@HoustonTx.govmailto:Deidra.Penny@HoustonTx.gov
832.393.6246tel:832.393.6246 (O)

The information contained above or attached is privileged and/or confidential. If you received this data in error, please notify me, destroy all copies immediately and do not copy or distribute the information.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Philippa Guthrie
Sent: Tuesday, May 26, 2020 1:09 PM
To: Amanda Stanley astanley@lkm.org
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Masks

[Message Came from Outside the City of Houston Mail System]

I have a different but related question. Are any of you mandating the wearing of masks for your employees? If so under what circumstances, e.g. whenever they cannot maintain 6 feet of distance from a coworker? And if you are mandating, how are you planning to enforce it?

[https://lh3.googleusercontent.com/8aNqkr1OXec2u29esgM-stMXa1dmn9kdv56sbxfEE0P2ycoWFTzIn7u_kYBwc_4q3vg1SoKaJsoqb5UQl9HslRiPVyZlhA1jEZ7pyCMEMR8VSizx00ERU1ggKPTyI8XS9D3uncTl]

Philippa M. Guthrie

Corporation Counsel, Legal Department
City of Bloomington, IN
guthriep@bloomington.in.govmailto:guthriep@bloomington.in.gov
812.349.3547 Office
812.325.7512 Cell
bloomington.in.govhttps://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bloomington.in.gov%2F&data=02%7C01%7CDeidra.Penny%40houstontx.gov%7C84c0e1b9e7c04a0207f508d801a00b6a%7C57a85a10258b45b4a519c96c7721094c%7C1%7C0%7C637261134219480837&sdata=uJFsFcK3pwGGuNwe8px3AvXrtmZmb0phERKnw2yw1Nk%3D&reserved=0

CONFIDENTIALITY NOTICE

This transmission (including any attachments) may contain information which is confidential, attorney work product and/or subject to the attorney-client privilege, and is intended solely for the recipient(s) named above.  If you are not a named recipient, any interception, copying, distribution, disclosure or use of this transmission or any information contained in it is strictly prohibited, and may be subject to criminal and civil penalties.  If you have received this transmission in error, please immediately call us collect at (812) 349-3426, delete the transmission from all forms of electronic  or other storage, and destroy all hard copies.  Do NOT forward this transmission.  Thank you.

On Wed, Apr 29, 2020 at 5:59 PM Amanda Stanley <astanley@lkm.orgmailto: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.orgmailto:astanley@lkm.org
785-354-9565

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.orghttps://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Fdisasterrelief_lists.imla.org&data=02%7C01%7CDeidra.Penny%40houstontx.gov%7C84c0e1b9e7c04a0207f508d801a00b6a%7C57a85a10258b45b4a519c96c7721094c%7C1%7C0%7C637261134219490831&sdata=JdteDTBEbSle2FCHteTAn6CCUu12kgcemYRa4s0Rlko%3D&reserved=0