CSPD Responds to Executive Directive Order D 2020 138

On July 16, 2020, Governor Polis signed Executive Directive Order D 2020 138, which mandates individuals older than 10-years-old in Colorado to wear face coverings in public indoor spaces or while using or waiting to use shared transportation.

We know there are a lot of questions about whether or not police will issue citations to those who violate this order. The Colorado Springs Police Department will focus on education and voluntary compliance over enforcement.

Enforcement Guidance

Officers may enforce trespass statutes or ordinances if community members refuse to leave a business or other indoor public space when asked to do so by the owner, manager, or any other employee.

Officers have been given the following guidance regarding the Governor’s Order:

· What CSPD Guidance Directs: It is not a police matter if a person calls saying a business or other indoor public space is letting people not wear face coverings.
· What It Means for Community Members: We will not respond to calls for service if the only reported information is that a business is not in compliance with the Governor’s order. That is a business licensing issue.

· What CSPD Guidance Directs: If a call comes to our dispatch center from an employee or business owner saying a person refuses to leave after refusing to wear a face covering, it is considered a trespass call for service.
· What It Means for Community Members: Officers responding to these types of calls are asked to first attempt to resolve the matter without criminal charges, and instead focus on voluntary compliance. If someone refuses to leave after being asked to do so by the business and the officer, officers may cite the person for failing to leave the premises or vehicle. This is a trespass citation.

· What CSPD Guidance Directs: If a person expresses the inability to wear a face mask or face covering due to a medical condition, the officer will not take action that could be considered discriminatory under the law.
· What It Means for Community Members: If an officer responds to a situation where someone says there is a medical reason they cannot wear a mask or face covering, the officer’s actions will be consistent with the American with Disabilities Act, Title VII of the Civil Rights Act, and the Colorado Anti-Discrimination Act.

While we focus on education, we ask that all our community members voluntarily comply with this order so we can all stay safe and healthy.