Minneapolis Mayor Jacob Frey announced today Emergency Regulation 2022-1, which requires individuals over two years old to mask in indoor places of public accommodation. The Emergency Regulation is effective tomorrow, January 6, at 5:00 p.m. A space of public accommodation is defined as a “business, or an educational, refreshment, entertainment, or recreation facility, or an institution of any kind. . . whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.” Examples include “retail stores,” “government buildings, stadiums, arenas, convention centers,” “service establishments as well as educational institutions.”
St. Paul Mayor Melvin Carter issued an Executive Order, 2022-2, requiring anyone on City-Controlled Property and any business licensed by the City of St. Paul to require patrons to wear masks at all times when social distancing of at least six feet is not maintained, except when eating or drinking. The St. Paul Order is an extension of the Executive Order 2021-43, requiring face coverings indoors at City-controlled facilities. The Order also “strongly encourages” all businesses to continue to require that all individuals wear a face covering indoors at all times when social distancing of at least six feet is not maintained.
The Minneapolis emergency regulation provides that anyone who is older than two, who is medically able to do so, must wear a “medical grade mask or cloth face covering in accordance with CDC guidance,” over their nose and mouth, in any indoor spaces of public accommodation, regardless of vaccination status. The only exception is for the purpose of eating and/or drinking. Medical grade masks include N95, KN95, surgical or other masks that would be appropriate in a healthcare setting.
The St. Paul order provides “all persons except young children at risk of suffocation and persons who cannot medically tolerate wearing a face covering” must wear the masks. City Controlled Property includes park facilities, libraries, City offices and workplaces. It differs from the Minneapolis ordinance in that it defines face coverings as including “manufactured or homemade cloth face coverings. . . Face coverings are not required to be medical-grade masks.”
Importantly, the Minneapolis regulation applies to all employers of businesses that are spaces of public accommodation must require their employees to wear the masks. Again, this is regardless of vaccination status.
Finally, athletes, performers and supporting staff competing or performing at indoor spaces of public accommodation are not subject to this regulation in Minneapolis.
A violation of the Emergency Regulation may result in the issuance of warning letters, administrative citations, and/or misdemeanor prosecution.
Bottom Line
Mask Up Minneapolis and St. Paul!