July 10, 2020

City Government Not Included in Mask Mandate

On July 9, 2020, Governor Beshear issued Executive Order 2020-586, mandating the use of masks in certain public spaces, including public facing retail, restaurants, and transit systems. Paragraph 3 of the order outlines where and when the masks are required while paragraph 4 outlines the exceptions.

Paragraph 7 of the order states:

All local, county, and city government offices and agencies are encouraged to adopt or incorporate the requirements provided in this order.

This clarifies that, while consistent mask use in public is recommended, the mandate does not apply to city government. Instead, cities should review the recommendations in the Executive Order and adopt the provisions that are applicable and feasible.

KLC has been recommending cities adopt written policies similar to those in the Healthy at Work initiative, based on the Centers for Disease Control and Prevention (CDC) and state authority guidance. Our sample provides a starting point for cities and can be found here, which will be updated as changes occur. An article outlining the guidelines and other resources can be found here.

For additional questions, please contact the KLC Municipal Law Department.