What Does NC's EO Say About Wearing a Mask? - Healing Law- Legal News and Information on Laws, Court Cases, and Police

With all of the orders and laws about COVID-19 constantly passing…

It can be nearly impossible to keep up!

And North Carolina’s Executive Order No. 147, is certainly no different.

So… what does it actually say?

And more importantly, do you need a mask to go shopping? Or to eat at your favorite restaurant?

What Does EO. 147 Say About Wearing Masks?

NC’s executive order 147 is one of the most extensive orders passed in the state since the beginning of COVID-19.

There is a fairly good explanation of what the order actually says in NC’s FAQ on EO 147.

Exceptions to NC’s Mask Order

According to the language in EO 147, there are 11 exceptions for individuals who can not wear a mask.

These 11 exceptions as written in the bill are:

Should not wear a face covering due to any medical or behavioral condition or disability (including, but not limited to, any person who has trouble breathing, or is unconscious or incapacitated, or is otherwise unable to put on or remove the face covering without assistance);
Is under eleven (11) years of age;
Is actively eating or drinking;
Is strenuously exercising;
Is seeking to communicate with someone who is hearing-impaired in a way that requires the mouth to be visible;
Is giving a speech for a broadcast or to an audience;
Is working at home or is in a personal vehicle;
Is temporarily removing his or her Face Covering to secure government or medical services or for identification purposes;
Would be at risk from wearing a Face Covering at work, as determined by local, state, or federal regulations or workplace safety guidelines;
Has found that his or her Face Covering is impeding visibility to operate equipment or a vehicle; or
Is a child whose parent, guardian, or responsible person has been unable to place the Face Covering safely on the child’s face.

How to Apply For an Exception to NC’s Mask Order

So, now that you know the 11 exceptions to the bill, how do can you apply for an exception?

Well, it’s simple according to the language in the bill. Exceptions are based on the “honor system“.

“WHEREAS, some people have medical or behavioral health issues, disabilities, or other reasons that mean they should be excepted from wearing a face covering, and this Executive Order puts North Carolinians on the honor system to identify if they are within one of the exceptions to face covering requirements and should not wear a mask; …”

How do Businesses Comply with NC’s Mask Law?

According to the bill, businesses simply need to ask a customer to wear a mask or provide one of the exceptions to the order.

Because the exceptions are based on the honor system, all they are expected to do is take the customer’s or patron’s word.

Furthermore, the mask law exempts both patrons and ‘workers’ that met the examptions:

“Operators of businesses and organizations are entitled to rely on their customers or patrons’ statements about whether or not they are excepted from the Face Covering requirements, and…”
“…businesses and organizations do not violate this Executive Order if they rely on such statements.“

This Executive Order does not require a “Face Covering” to be worn by:

“a worker, customer, or patron.”

What does the law say in short?

According to the executive order, retail businesses and restaurants must require customers to wear face masks “when they are or may be within 6 feet of another person.”

Unless…

“the customer states that an exception applies”.

The Bill Does Not Require People to Wear Masks Everywhere

It seems that every time an executive order passes, there are a lot of misconceptions. One of which is that the mask law applies EVERYWHERE to all individuals who are outside of their home.

This is simply untrue.

The law only applies within certain Businesses listed under Section II of the bill, unless exceptions apply.