SHAWANO, WI- A face covering mandate in Wisconsin goes into effect on Saturday, August 1, but Shawano County Sheriff Adam Bieber says he does not want it to become a reportable issue in the County.
Much like the Safer At Home Executive Order earlier this year, the new Executive Order calls for enforcement by law enforcement.
“This order is enforceable by civil forfeiture of not more than $200.00,” Bieber says.
However, he says he does not want his department to get calls reporting people who are in public spaces without masks, not because he does not think it’s important, but because of what would happen when they arrive on the scene.
“We don’t even know what their situation is and there are so many exceptions to having to wear a mask and it is a HIPAA violation to even ask if someone has a medical condition,” he said. “Don’t even bother calling us for violations if you see someone without a mask.
According to the order, exceptions for wearing a mask would be while eating or drinking, when communicating with someone who is hard of hearing, services like dental services, while sleeping, swimming or giving a religious, political, media, educational, artistic, cultural, musical or theatrical presentation. It also has exceptions for people engaging in work where a face covering would create a risk, when identity needs to be confirmed and when regulations prohibit it.
It also gives exceptions for children under the age of 5, individuals who have trouble breathing, individuals with medical conditions, intellectual or developmental disabilities, mental health conditions or other sensitivities that prevent the individual from wearing a mask.
The last part of the list would be questions that deputies would not be able to inquire about, according to Bieber.
“That would put our deputies in a very bad spot if they are having HIPAA violations.”
Bieber did say however that much like a trespassing issue, places of business can refuse service to people in violation and that is enforceable.
“If businesses want to kick someone out of their property that isn’t wearing a mask, they have the right to do that, and obviously we would assist with that if needed because that is what we do.”
Bieber says this is not a constitutional issue because wearing a mask or not wearing a mask is not one of the freedoms in the Bill of Rights and says this issue is different than the Governor’s Safer At Home Order which did have some constitutional violations in it.
Sheriff Bieber also made a post on Facebook.
I’ve received quite a few questions about the new order requiring face coverings beggining Aug 1st. To be clear my Office will not investigate “face covering complaints”. We simply do not have the time or resources to devote attention to that type of complaint. We certainly ask that you abide with private businesses who have requirements while on their private property. We will continue to work within our community to combat serious crimes that face our community. We know that we have already lost 7 people to suicide this year, 3 to vehicle crashes and 0 to Covid-19. We certainly encourage citizens to make educated decisions and take necessary steps to ensure their own safety. As with any viral disease we encourage you to take steps to stay healthy, wash your hands, distance yourself, cover your cough, etc.
I support personal responsibility, education, and I support your right to “Life, Liberty, and the pursuit of happiness”. – Sheriff Bieber
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