Order, Not Law: No penalty for ignoring mask mandate
PARKERSBURG — It’s been nearly two weeks since West Virginia Gov. Jim Justice ordered that masks be worn indoors, but there is no formal penalty for failing to do so.
Dr. Clay Marsh, who is heading the state’s response to the COVID-19 pandemic, said statistics from the National Governors Association show states without mask mandates are recording increases in coronavirus cases, while those with the orders have seen a decline. But he is not sure requiring it by law is the way to go.
“I think that making it a state law … (Justice) doesn’t want to turn that into a point of contention,” Marsh said. “One of the really secret sauces in West Virginia and elsewhere is to try to keep people together.”
This week, Morgantown City Council passed an emergency ordinance requiring masks, with a fine of $25 to $500 for violations.
A Pleasants County business owner said it doesn’t make sense to him to force employees and customers to wear masks.
“It’s not like I’m taking a stand against the governor or anybody,” said Rod Sayre, owner of St. Marys Hardware. “It’s not a law; it’s a mandate.”
Sayre said he’s not “throwing caution to the wind” when it comes to the virus. The business requires social distancing and limits the number of people inside. Countertops and other high-touch surfaces are cleaned and sanitized.
But he has some older employees with breathing issues who would find wearing a mask difficult. A lot of customers simply don’t want to wear masks. And Sayre doesn’t see the need to start requiring them now, four months into the state’s pandemic response, with just half a dozen positive cases in Pleasants County.
If a customer wants to wear a mask, Sayre has no problem with it.
“We got people that walk in here every day with masks on,” he said.
If the mask mandate became a law, Sayre said he would comply, even though he believes it could slow his employees’ ability to respond to customers.
“If it came down to it, yeah,” he said. “I’m not a rebel law-breaker.”
The governor’s mask order includes exceptions for residences, when sitting at a table in a restaurant, when social distancing is possible and for people with breathing problems or who are unable to put on a mask without assistance.
Justice has discussed the possibility of adding teeth to the mask measure. But asked about businesses like St. Marys Hardware earlier this week, the governor said people should instead focus on the positive.
“We don’t need to dwell on the fact that some hardware store owner just said, ‘Well, I’m not going to have people in here wearing masks,'” he said during a COVID-19 briefing. “Sure, there’s exceptions. But don’t let the exceptions steal your joy.”
The Mid-Ohio Valley Health Department covers Pleasants County, and Wood, Wirt, Calhoun, Ritchie and Roane counties. The department has received several complaints about businesses not enforcing the mask requirement, said Carrie Brainard, public information officer.
“We follow up on each complaint, remind them that it is mandated by the governor,” she said. “At this time there is no penalty but the governor has said that might come.
“Most businesses, once we reach out to educate them, seem willing to comply,” Brainard said. “It is a learning curve.”
Marsh said he has received anecdotal evidence that mask wearing has increased since Justice issued the order.
Experts say masks provide more protection to the people around the wearer than the wearer.
“We also know that masks and physical distancing work in concert. They don’t work either-or,” he said.
Marsh called wearing a mask or face covering “an act of altruism” to protect those who are more vulnerable to the virus due to age or underlying health conditions. One of the main factors in the spread seems to be individuals without symptoms who are nevertheless infected and contagious.
“Those things really should be the actions that we do for each other,” he said.
(Steven Allen Adams contributed to this story.)



