Emergency Regulation No. 2021-6
(Amending Emergency Regulation 2021-4)
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, during the 2020-2021 public health emergency, state and local health authorities have strongly encouraged all Minnesotans “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; and
Whereas, state and local health authorities, including the leadership of the Minneapolis Health Department report recent and significant increases in COVID-19 infection rates remain high due to the now-dominant Delta Variant COVID virus and the emerging Omicron Variant; and
Whereas, the State of Minnesota peacetime emergency declaration was terminated by action of the Governor and State Legislature effective Thursday, July 1, 2021, which would otherwise immediately terminate the local public health emergency in the City of Minneapolis; and
Whereas, on July 1, 2021 the Mayor and City Council, in accordance with the provisions of Section 128.50 of the Minneapolis Code of Ordinances, extended the Declaration of Local Public Health Emergency in response to the COVID-19 global health pandemic which was ratified pursuant to Resolution No. 2020R-075, to which remains in force and effect in the City of Minneapolis through September 30, 2021; 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 positive at a higher rate with Black community members accounting for 35 percent of cases and Hispanic accounting for 18 percent of cases; 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, public health experts have determined that the use of a cloth face covering reduces 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, 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.
NOW, THEREFORE, I, Jacob Frey, Mayor of the City of Minneapolis, do hereby order the following emergency regulation:
- Effective August 4, 2021 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 inside all buildings and facilities owned or operated by the City of Minneapolis where City employees regularly and customarily report for work, including Minneapolis City Hall, regardless of vaccination status. This paragraph does not apply to the Minneapolis Convention Center where the Executive Director, in consultation with the Health Commissioner, is authorized to take such actions as deemed necessary or advisable to protect the health and safety of visitors and patrons of the facility.
- Effective August 4, 2021 all City employees 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 inside all spaces of public accommodation located within the City of Minneapolis regardless of vaccination status.
- 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) August 4, 2021 and continuing until further notice or until it is extended, rescinded, superseded, or amended.
- A violation of this Emergency Regulation may be enforced by misdemeanor prosecution. Minnesota Statutes § 12.45; Minneapolis Code of Ordinances § 1.30.
December 10, 2021
This regulation amends Emergency Regulation 2021-4.