Emergency Regulation No. 2020-12
Whereas, on March 16, 2020, I declared a local public health emergency related to the COVID-19 pandemic in the City of Minneapolis and assumed executive responsibilities attendant thereto; and
Whereas, Governor Walz signed Executive Order 20-56 to rescind the Stay at Home order put in place by Executive Order 20-48, and included in the order that all Minnesotans are strongly encouraged, “to wear a manufactured or homemade cloth face covering when they leave their homes and travel to any public setting where social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) and to follow face covering guidelines issued by MDH and the CDC until this Executive Order is rescinded. Such face masks and coverings are for source control (to help limit the person wearing the covering from infecting others)”; and
Whereas, pursuant to the authority granted to me pursuant to Minnesota Statutes, Ch. 12.29, and Minneapolis Code of Ordinances, Sections 128.50 and 128.60, I am authorized to promulgate emergency regulations to protect the public health, safety, and welfare during this declared emergency; and
Whereas, it is a priority that race and equity be of paramount consideration in enacting and carrying out emergency regulations during the COVID-19 pandemic; and
Whereas, the data shows that older individuals and those suffering from underlying conditions are prone to more severe disease, and also shows that in Minneapolis Black, Indigenous, people of color, and immigrant community members are testing at a higher rate with Black community members accounting for 35 percent of cases and Hispanic accounting for 18 percent of cases; and
Whereas, COVID-19 cases of community contact or unknown transmission continue to account for over 50 percent of the cases in Minneapolis; and
Whereas the City’s workers and other essential workers continue to provide essential services during this emergency, and some of these critical workers face an outsized risk of exposure, and we must protect these essential workers from infection; and
Whereas health officials are increasingly urging non-medical workers to wear non-medical grade cloth face coverings to help curb the spread of COVID-19, by preventing the transmission of respiratory droplets that contain the virus; and
Whereas, public health experts have determined that it is possible to transmit COVID-19 even before a person shows symptoms; and
Whereas, public health experts have determined that the use of a cloth face covering may reduce the risk of transmission by an infected person as a force multiplier for physical distancing, hand washing, and other prevention measures, understanding that face coverings are not recommended as a replacement for these activities; and
Whereas, according to the CDC, because COVID-19 is primarily transmitted by respiratory droplets, population density plays a significant role in the acceleration of transmission and cities like Minneapolis, the densest city in the State of Minnesota, are at a higher risk while also serving a greater proportion of vulnerable populations; and
Whereas, Minneapolis has 10 percent of the state’s population and 12 percent of the COVID-10 positive cases, in addition Minneapolis accounts for 14 percent of the state’s deaths, including large outbreaks in congregate health care facilities; and
Whereas, as state leaders continue to dial back restrictions in spaces of public accommodation, the City of Minneapolis has redoubled its efforts to maintain good hand hygiene, respiratory etiquette, and physical distancing while proceeding cautiously and with a focus on slowing community spread and avoiding unnecessary strain on our medical system; and
Whereas, to aid in our efforts, under the emergency authorities vested in the Mayor pursuant to the emergency declaration, to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency and adopt additional protections for the preservation of public health and safety.
NOW, THEREFORE, I, Jacob Frey, Mayor of the City of Minneapolis, do hereby order the following emergency regulation:
- Effective May 26, 2020 any individual who is over age two and able to medically tolerate a face covering shall be required to cover their nose and mouth with a mask or cloth face covering in accordance with CDC guidance when in indoor spaces of public accommodation.
- All employers of businesses that are spaces of public accommodation as defined by this Order shall require their employees to wear a cloth face covering whenever such employees have face-to-face contact with the public.
- A space of public accommodation means a business, or an educational, refreshment, entertainment, or recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. Examples include retail stores, rental establishments, government buildings, and service establishments as well as educational institutions, recreational facilities, and service centers.
- Cloth face-covering means a covering that fully covers a person’s nose and mouth but is not a Medical-Grade Mask.
- Medical-Grade Mask means an N95, KN95, surgical, or other mask that would be appropriate for a healthcare setting, or a setting in which direct patient care is provided.
- This Order is effective 5:00 p.m. (CST) May 26, 2020 and continuing until further notice or until it is extended, rescinded, superseded, or amended.
- A violation of this Emergency Regulation may be enforced by the issuance of warning letter(s), administrative citation to City-licensed businesses, and/or misdemeanor prosecution. Minnesota Statutes § 12.45; Minneapolis Code of Ordinances § 1.30
May 21, 2020