Washington Statewide Face Covering Mandate — Health and Legal Resources
**Update: Current CDC guidance on face coverings can be found here. Current Washington State Department of Health masks guidance can be found here. On March 11th, 2022 Governor Inslee signed Proclamation 20-25.19 rescinding the statewide face covering mandate effective March 12, 2022. The Washington Secretary of Health rescinded the mask mandate for healthcare, long term care, and correctional facilities effective April 3, 2023. For up to date information, see the Washington State Department of Health’s Masks and Face Coverings page. Mask requirements are subject to change. Therefore information on this page may be out of date.**
The library’s COVID focused posts addressed a swiftly changing legal landscape. Some information in this post may no longer be valid and some links may be broken or redirect to different content than originally published. Our intent is for these posts to be used for historical research purposes. Some resources with broken links may be found by searching the original URL in the Wayback Machine. We will continue to add law review articles to this post through early 2024.
The library has had several questions about the statewide face covering mandate issued by the Washington State Department of Health. This post will link to resources to learn more about face coverings as well as offer resources to learn more about executive powers and other legal issues.
Public Health Order 20–03 was issued by Secretary of Health John Wiesman and requires most people to wear face coverings outside of their homes beginning Friday, June 26, 2020. Governor Inslee’s office announced the statewide mandate in a blog post on June 23, 2020. The post concludes, “‘Masking up is not just something that saves lives, it can save economies.’ Inslee said. ‘If we don’t want to turn the dial back on phases in counties, we need every Washingtonian to join us in this effort.’”
Health Resources
WHY IS THIS REQUIREMENT IN PLACE?
Cloth face masks protect other people from getting COVID-19 from us when we talk, cough or sneeze. Between 20–40 percent of people with COVID-19 don’t show any symptoms but can still spread the virus to others. Recent research suggests wearing a face covering can significantly reduce the incidence of COVID-19. Until a vaccine or cure is developed, face coverings will be our best defense.
REMEMBER: Staying home is still the safest way to prevent spreading COVID-19. When out, wear your face covering, stay 6 feet apart from others, wash your hands frequently, and stay local. — Washington State Coronavirus Response Face Masks or Cloth Face Covering page
You can find many helpful links about wearing face coverings and making masks on the Department of Health web page on Cloth Face Coverings and their blog:
Guidance on Cloth Face Coverings from the Washington State Department of Health
Cloth Face Coverings and Masks FAQ (including exemptions, penalties and enforcement)
Myths and Facts about Cloth Face Coverings
Cloth Face Coverings: The Do’s and Don’ts of wearing them
There are several free or low cost options for obtaining a face covering. According to the Washington State Coronavirus Response page you can “use a scarf or any breathable, washable fabric, and wrap it around your face so that a couple layers of fabric are completely covering your mouth and nose.” This CDC Video demonstrates how to make a mask using a t-shirt and rubber bands. Mask making instructions are available on the Lieutenant Governor’s web page. Local emergency managers can help people interested in picking up donated masks.
Legal Resources
The face covering order was issued pursuant to Governor Inslee’s State of Emergency proclamation made at the beginning of the COVID-19 pandemic, and includes a section on criminal penalties for noncompliance, citing to section 70.05.120 and section 43.70.130 of the Revised Code of Washington (statutes) along with section 246–100–070 of the Washington Administrative Code (regulations). The possible penalties include a fine of up to $100 and/or up to 90 days in county jail. However, the Governor said several times in his June 23, 2020 press conference that this may not be enforced. Inslee said “it is a misdemeanor not to comply with this order, but it is not our desire to have hard working officers following people around on mask issues.”
On June 26th Inslee issued a separate proclamation for Yakima County which states, “No business may operate, allow a customer to enter a business, or conduct business with a customer inside any building that is open to public or outdoors in a public place unless the customer is wearing a face covering.” As of June 20th, Yakima County had the highest per capita COVID-19 infection rate in the western United States, requiring the stricter face covering requirements, Inslee explained. Due to the continued increase in COVID-19 cases statewide, Inslee later announced that the Yakima mandate for businesses would be expanded statewide beginning July 7th.
∙ Executive Powers Information
Information about the Governor’s executive powers can be found in RCW chapter 43.06, including RCW 43.06.210, Proclamations — Generally — State of emergency. If you would like to learn more about executive authority, you might find these links to be helpful.
MRSC ‘s Coronavirus (COVID-19) Governor’s Proclamations and State Guidance page (Section on the Governor’s Emergency Authority)
Washington State Comprehensive Emergency Management Plan (section on the State Emergency Proclamation Process and Pandemic Response)
Washington State Law Library’s COVID-19: Legal and Government Resources blog post
Congressional Research Service Legal Sidebar Could the President or Congress Enact a Nationwide Mask Mandate?
The articles below discuss the legal and constitutional impact of executive orders regarding face coverings and stay-at-home orders:
Can the government legally force you to wear a mask? — The Poynter Institute
Face-Covering Requirements and the Constitution — American Constitution Society
Are stay-at-home orders ‘laws,’ as Jay Inslee said? at PolitiFact
COVID-19 and the Conundrum of Mask Requirements, 77 Wash. & Lee L. Rev. Online 17 (2020)
Masking Up: A COVID-19 Face-off between Anti-Mask Laws and Mandatory Mask Orders for Black Americans, 11 Calif. L. Rev. Online 479 (2020)
Resolving Tensions Between Disability Rights Law and COVID-19 Mask Policies, 80 Md. L. Rev. Online 1 (2020)
Behind the Mask: Analyzing Legal Powers to Mandate Face Coverings in Public Places Amid a Global Pandemic, 84 Alb. L. Rev. 73 (2020–2021)
“My Face, My Choice?” — Mask Mandates, Bans, and Burqas in the COVID Age, 14 N.Y.U. J.L. & Liberty 651 (2021)
Masking Free Speech: The First Amendment Implications of Masks, Clothing, and Public Health, 53 Loy. U. Chi. L. J. 476 (2022)
∙ Transportation Mask-Wearing Mandates
CDC Requirement for Face Masks on Public Transportation Conveyances and at Transportation Hubs page
Executive Order on Promoting COVID-19 Safety in Domestic and International Travel
CDC Order Requirement for Persons to Wear Masks While on Conveyances at at Transportation Hubs
Congressional Research Service Legal Sidebar Legal Issues Related to Transportation Mask-Wearing Mandates
Congressional Research Service Legal Sidebar Mask Mandate: Does the Federal Aviation Administration Have Authority to Require Masks on Flights?
∙ Americans with Disabilities Act Information
Washington Emergency Management Division social media information on the ADA and face coverings
Northwest ADA Center’s The ADA and Face Mask Policies publication
ADA.gov’s alert regarding fraudulent face mask flyers
∙ Workplace Information
Washington Department of Labor & Industries Requirements and Guidance for Preventing COVID-19
Washington Department of Labor & Industries Masks and Respiratory Protection Safety Topic
Washington Department of Labor & Industries guidance chart
∙ Information for Business Owners
Governor’s Office COVID-19 Reopening Guidance for Businesses and Workers
∙ Schools Information
Proclamation 20–09.4, K-12 Schools
Washington State Department of Health’s K-12 COVID-19 Requirements for Summer 2021 and the 2021–2022 School Year
Washington State Department of Labor & Industries Questions & Answers about Coronavirus and Vaccination for School Scenarios
COVID-19 Related Litigation: Face Mask Mandate Policies, or Absence Thereof, in Public Academic Settings — Federal Cases, 70 A.L.R. Fed. 3d Art. 3 (inquire with librarians about access to this article)
∙ Concealed Carry and Face Coverings
VERIFY: You can wear a mask and carry a gun in Washington, citing WAC 516–52–020
It’s legal to wear a mask and conceal carry in Washington, sheriff’s office says
Face coverings allowed with Washington State concealed carry permit (WB)
