Durham DA’s Office Affirms Residents Won’t be Prosecuted for Covering Faces During COVID-19

On April 17, Mayor Steve Schewel and Board of County Commissioners Chair Wendy Jacobs amended the unified Durham Stay-at-Home Order requiring Durham residents to wear face coverings whenever they are with people who are not members of their household and it is not possible to maintain social distancing, whether in public or in private.

This update has raised questions about whether these face coverings would violate North Carolina General Statutes that prohibit individuals in certain situations from wearing masks to conceal their identities.

This week, city and county officials brought this issue to the attention of the Durham DA’s Office. DA Satana Deberry issued a memo in response saying that while masks are required, the Durham County District Attorney’s Office will not prosecute people who cover their faces for the purpose of preventing the spread of COVID-19 under these statutes.

These statutes, which can be found in NC General Statutes Article 4A of Chapter 14, were intended to dissuade criminal conduct and intimidation, not critical health measures. Two exceptions to this prohibition would appear to leave room for wearing personal protective equipment: one allowing workers to wear masks for their physical safety, and another allowing for gas masks in civil defense exercises or emergencies.

• GS 14–12.7 Wearing of masks and hoods on public ways
• GS 14–12.8 Wearing of masks on public property
• GS 14–12.9 Entry upon premises of another while wearing mask (the provisions covering entry onto business premises only)

“We recognize that wearing a mask in public spaces is uncomfortable for many members of our community,” said DA Deberry. “For people of color, wearing masks may make them feel targeted for arrest and prosecution. This is a real and not insignificant fear.”

“We don’t want there to be any confusion about whether residents should be taking proper measures to protect their health,” Deberry said. “Individuals who cover their faces to intimidate others or as part of a criminal act or enterprise will continue to be held accountable.”

For more information about the Stay-At-Home order and the mask requirement, visit the City of Durham’s FAQ page. For more information on COVID-19 and Durham’s response, visit the Durham County Public Health website. Find guidance on wearing, making and cleaning face coverings through the Centers for Disease Control and Prevention.