No citations planned on new order mandate

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Last week Gov. Roy Cooper issued an Executive Order that included stricter enforcement of safety measures to help curb the spread of COVID-19. Those measures included a mask mandate which he said could carry a hefty fine.

The order is enforceable against individuals and businesses who do not follow the face covering requirements, according to Cooper’s press release. Penalty for violating the order is a Class 2 misdemeanor, which could result in a fine of up to $1,000 or active punishment.

While the governor has strengthened the ability to enforce the facial covering measure and crowd size limitations, Clay County Sheriff Bobby Deese appears to be on the side of respecting businesses that require facial coverings, but he will not be citing those who don’t comply. “The way the order is written is confusing. One section says ‘Law enforcement officers may cite” and another section says “ the provisions of this Executive Order shall be enforced by state and local law enforcement officers,’” Deese explained.

Deese said he doesn’t generally get guidance from the state on executive orders, but he does receive a condensed version in the form of a fact sheet. “As far as the newest order, I gave explicit instructions to the deputies not to be citing or arresting anyone for not wearing a face covering or mask. Whether it’s outside, in a business or in someone’s residence,” Deese said. “We also will not be counting the number of people in businesses, clustered on a sidewalk or parking lot and we definitely will not count people inside their own homes. We will not cite or arrest business owners for not enforcing a mask policy in their place of business,” he continued.

“With that being said, if a business owner requires someone to wear a mask in their establishment that is their business and patrons should abide by that, including myself and my staff. As with any other situation if a business owner or property owner asks you to leave, you must leave or take the chance of being charged with trespassing.”

Either way, Deese appears to respect the business owners wishes. “Personally if I enter a business or restaurant and they ask me to wear a mask I will wear one or go somewhere else to eat or buy merchandise,” he said. “That is also what I instructed my staff to do as well, wear a mask in the business if they ask you to or go somewhere else.”

Deese is aware there are mixed opinions on wearing a mask. “It’s not my place to make decisions on behalf of business owners. Everyone should take the precautions they are comfortable with and that gives them peace of mind. The CDC and our health department have suggested precautions to take to keep yourself safe. I urge everyone to take their information and make their decisions from there and have respect for the wishes of property owners and business owners. “

The governor’s order went into effect Nov. 25 and remains in place through Dec. 11