Feb 24, 20226 min read

State and Local Face Covering Mandates

(last updated March 3, 2022, no longer continuously updated)

Numerous jurisdictions require face coverings in government-owned facilities and/or public schools, but see below for the list of known jurisdictions with face covering mandates for both vaccinated and non-vaccinated individuals extending to all indoor public spaces, including businesses. This list is compiled from media monitoring and intelligence from members and state associations. Please send any additions to Mike Green.

  • Arkansas - Fayetteville (expires March 2) 
  • California (statewide through Feb. 15) - With LA County's universal mask mandate set to end March 4, Mendocino County is the only California jurisdiction remaining with a mask mandate of out alignment with the state guidance. 
  • Colorado - Adams County (expires Feb. 5), Arapahoe County (expires Feb. 5), Broomfield County, Boulder County (expires Feb. 14), Denver (expires Feb. 3), Larimer County (expires Feb. 12), Jefferson County (expires Feb. 18) and Pitkin County 
  • Connecticut - Bloomfield (expired 2/15), Bridgeport, Danbury, Hartford, New Haven, Norwalk and Stamford
  • Delaware (statewide) UPDATE: Gov. Carney will lift the mandate on Friday, February 11, 2022
  • District of Columbia (expires 3/1)
  • Georgia - Atlanta, Savannah (local governments in Georgia are allowed to impose a mask mandate if the number of new covid cases in their county rises above 100 per 100,000 people over the past 14 days.)
  • Hawaii (statewide)
  • Idaho - Bellevue, Blaine County, Hailey, Ketchum and Sun Valley
  • Illinois (statewide - Gov to lift as of 2/28) - Chicago and Cook County (Expected to expire 2/28)
  • Iowa - Iowa City (extended indefinitely)
  • Kansas - Prairie Village
  • Louisiana (LIFTED AS OF OCTOBER 26) 
  • Maine - Brunswick, Portland (expires 2/17/2022)
  • Maryland - Charles County, Montgomery County and Prince George's County 
  • Massachusetts - Belmont, Boston (Will lift on March 5. See the full list of Greater Boston masking requirements here), Cambridge, Holyoke, Northborough (ended Feb. 9), Provincetown, Springfield, Worcester (will end Feb. 18)  
  • Minnesota - Duluth (expires Feb. 12), Golden Valley, Hopkins, Minneapolis (lifted Feb. 24), Minnetonka, Rochester (expired Feb. 7),  St. Paul (lifted Feb. 24)
  • Missouri - Kansas City, Jackson County and St. Louis County 
  • Nebraska - Omaha
  • Nevada (lifted Feb. 10)
  • New Jersey - Montclair
  • New Mexico (Lifted by Governor)
  • North Carolina - Blowing Rock (rescinded), Boone, Buncombe County (through Feb. 16), Cumberland County (ended Feb. 20), Durham County/City, Cary (rescinded), Fayetteville, Guilford County (lifted Feb. 17), Hanover County, Knightdale, Mecklenburg County (expires Feb. 26), New Hanover County (rescinded), North Wilkesboro (rescinded), Orange County, Scotland County (expires March 11), Wake County (expires Feb. 25)), Wilkesboro (rescinded) and Winston-Salem (expires March 1). 
  • New York (statewide through Feb. 10)
  • Ohio - Columbus, Dayton (REPEALED), Franklin, Oxford
  • Oregon (lifted as of March 12) - Multnomah County 
  • Pennsylvania - Philadelphia (lifted)
  • Rhode Island (ended Feb. 11)
  • South Carolina - Bishopville, Cayce, Clemson, Columbia (REPEALED), Forest Acres (REPEALED), Orangeburg (expires 4/16), Richland County  and West Columbia 
  • Tennessee - Shelby County (LIFTED AS OF OCTOBER 27)
  • Texas - Dallas County, El Paso County (local Texas mandates are likely preempted by state law - see the below preemption section for details). 
  • Utah - Salt Lake County, Summit County (UPDATE: State Legislature has overturned all county mask mandates effective immediately)
  • Washington (Governor has announced statewide mandate will lift 3/12) - King County (will expire on March 12) 
  • West Virginia - Greenbrier County, Mercer County
  • Wisconsin - Dane County (includes Madison - through 3/1), Milwaukee (through 3/1), Racine

The following states prohibit local mask mandates for private businesses either through legislation or executive order.

  • Arizona
  • Arkansas*
  • Florida
  • Iowa
  • Montana
  • North Dakota
  • South Carolina
  • Tennessee (there is an executive order barring local mask orders in the 89 counties in which public health policies are directed by the state. The six counties with independent health departments — Davidson, Hamilton, Knox, Madison, Shelby and Sullivan — have all lifted local face-covering orders.)
  • Texas**
  • Utah

*The state law barring local mask mandates has been blocked by a trial court for violating Arkansas' state Constitution.

**The County of Dallas, Texas was granted a Temporary Restraining Order (TRO) in its lawsuit against Governor Abbott, regarding the Governor’s recent executive order banning mask orders anywhere in the state. As a result of the TRO being granted, Dallas County will have the ability to order residents wear masks indoors for both vaccinated and non-vaccinated people. UPDATE 8/30/2021: State Court Judge Tanya Parker ruled with a temporary injunction that the Mask Mandate order issued by Dallas County Judge Clay Jenkins is valid.  Thus retailers in Dallas County must have a health and safety policy which must include masks are mandatory for all employees and customers while inside the store.

External Resource: AARP Guide to State Face Mask Mandates

 

 

Trade Association Letter to CDC, HHS and OSHA: Mask Enforcement Should Not be on Business

FMI has joined with other national trade associations in asking heads of CDC, HHS and OSHA to prioritize the safety of employees and clarify that businesses should not be the enforcers of mask wearing. With the proliferation of the Delta COVID variant, we expect more local and state governments to pass mask wearing policies and ask that the burden of enforcement should not be placed on businesses and their employees. Read the letter here. 

 

 

FMI Memorandum on Requiring Masks In-Store

Many state and local face covering orders differ in how they approach enforcement, exceptions, etc. causing some confusion.  Although it is important to understand the jurisdiction applicable to your store, we also wanted to prepare a resource to help remind members of how these interact with Federal Americans with Disabilities Act (ADA) requirements.  As such, we have worked with Ogletree Deakins to prepare the linked memorandum as a reference for you.  Please let us know if you have questions, or if there are aspects of the mask issue you would like us to examine further.

Guidance for Grocers: Face Coverings and the ADA

Guidance on Face Shields

Both OSHA and the CDC recommend that all workers wear a cloth face mask for source control.  To best protect public health, and to follow the scientific advice, we recommend following this guidance.  Understandably, both CDC and OSHA have noted exceptions to the cloth face covering recommendation - such as the use of face shields in certain instances. However, it is important to understand that these exceptions are not desirable for source control, and consequently, should not be widely used and used only in the rare circumstance of medical necessity or specific hazardous situations.  Even though face shields “can help” it is noted that they might not be beneficial for source control, and thus widespread adoption of face shields as a cloth face covering alternative may be counter to CDC recommendations

Face Mask Public Awareness Campaigns

Several states and/or state associations are running PSA campaigns to encourage safe shopping and the wearing of face coverings. See below for more information: