Will anyone enforce California’s new mask mandate? Counties are rejecting new COVID rule

California officials say the new month-long statewide indoor mask mandate is critical to preventing another surge of COVID-19.

But it’s unclear who is responsible for enforcing that mandate.

When asked about the lack of enforcement mechanism for the mandate, which went into effect Wednesday, Gov. Gavin Newsom said he “has faith” in Californians to follow it, but didn’t provide specifics on what would happen if they didn’t.

“I have more faith than you do in the capacity of people to do the right thing. That’s the response,” Newsom told a reporter during a press conference in Los Angeles on Wednesday.

“I think people are more capable once they’re given the ‘why’ and the ‘what’ to apply themselves...and I think a lot of people will self-enforce and do the right thing.”

Local government officials say the state hasn’t given any guidance on enforcement, and some local authorities say they won’t enforce the state’s order at all.

Some California counties, including Sacramento, have kept their mask mandates going even after the state suspended its original one in June.

Others like Fresno, Placer, Orange, Riverside and Stanislaus haven’t had a mask mandate for months. Some of their elected leaders say they won’t help enforce the new order from state officials.

Orange County Supervisor Don Wagner said he expects to see a “whole lot of noncompliance” from residents.

“I just don’t believe this is going to make any difference or that the governor’s got any science behind it,” Wagner said in the Orange County Register.

The Placer County Sheriff’s Office said it lacks the resources and staff to enforce the state mask order. The county’s top public health official Dr. Rob Oldham, said enforcement is unlikely.

“I’m really not hearing a lot about enforcement, even from the state, so that’s a question we’re getting a lot,” he said in a county meeting Tuesday.

State agencies responsible for COVID-19 rules

California Health and Human Services Secretary Dr. Mark Ghaly, in announcing the mandate on Monday, said it would affect about 50% of Californians who aren’t currently under a county masking order.

Some state agencies have enforced the state’s coronavirus mandates in the past.

For much of the pandemic, the California Department of Alcoholic Beverage Control took over enforcing state COVID-19 rules at eateries. Between July 2020 and February 2021, the agency visited California restaurants and bars nearly 190,000 times and filed 238 citations for things like serving customers inside or outside when barred from doing so, or not making employees wear masks.

Cal-OSHA, the state’s division of occupational safety and health, is responsible for enforcing state health orders among employees while in their place of business. The agency lists its COVID-19-related violations online, which range in punishment and severity.

Recently, for example, Cal-OSHA fined a Hayward nursing home more than $20,000 for failing to “establish, implement and maintain effective written COVID procedures.”

When counties uphold mask mandates

How and when counties enforce their mask measures varies. Sacramento County, for example, has had an indoor mask mandate since late July. County Public Information Officer Janna Haynes said that the county doesn’t typically handle enforcement for patrons in businesses.

“We have, and continue to come from a place of guidance and education on the importance of masking indoors,” Haynes said in an email.

The Sacramento County Sheriff’s office said in a statement this week it would not enforce the mask mandate. During a Thursday call with reporters, Sacramento County Health Officer Dr. Olivia Kasirye, in response to the sheriff’s office statement, said “it’s unfortunate that we haven’t been able to get on the same page.”

“In this instance, with enforcing the mask mandate, it’s why a lot of the enforcement has fallen on the businesses,” she said.

Yolo County also issued an indoor masking order over the summer, with a bit more force behind it. The order requested that the sheriff and all chiefs of police in the county ensure compliance with the order.

“The violation of any provision of this order constitutes an imminent threat and menace to public health, constitutes a public nuisance and...is punishable as a misdemeanor by fine, imprisonment, or both....” it reads.

Code enforcement officers also can issue administrative citations with a minimum of $25 for individual violations and much higher fines for businesses that violate health orders, Yolo County public information officer John Fout said.

“All that said, the vast majority of violations are resolved through education and requests for voluntary compliance,” Fout said.

Almost immediately following news of another statewide mask mandate, local officials said they weren’t confident people would follow it.

What businesses want

John Kabateck, California State Director for National Federation of Independent Business, said small businesses want to end the pandemic and keep their workers and patrons healthy, but worry about the burden of enforcing another state mask mandate.

“This puts the average corner restaurateur, toy story owner, hardware store owner, auto shop owner, in the very difficult position of having to play mask police,” Kabateck said. “And also raises the specter of what sort of liability, fines or penalties they might incur if they don’t follow the letter of the law.”

“This is an incredibly huge burden on those who are already dealing with port congestion, and the ever-increasing spike in retail crime and theft,” he added.

Health Secretary Ghaly said he hopes those who don’t comply with the mask order will be “few and far between,” and said the department hopes the people who go into public settings do so “expecting to wear a mask.”

“I know in some places, the enforcement is going to be stronger than others,” Ghaly said. “And we are at a point in this pandemic where we are expecting Californians to heed the warning, to understand and see what we’re concerned about, and make the choice to mask up for the period of time.”

The Bee’s Mike McGough contributed to this report.

This story was originally published December 16, 2021 at 10:47 AM with the headline "Will anyone enforce California’s new mask mandate? Counties are rejecting new COVID rule."