Update 4:40 pm: Big Horn County attorney Jay Harris said Friday afternoon that the county health officer’s order requiring facial masks is “unenforceable.”
Harris said in a press release that his office generally supports the use of face masks as described by public health experts, noting that the order provides exemptions to face masks. However, the order does not comply with “the adequacy of the law for judicial execution” and cannot be enforced.
He added that he sees no justification for the criminal prosecution of a person without COVID-19 who does not wear a face mask.
Harris also warned Rhonda Johnson, Big Horn County Health Officer, not to attempt to enforce the order.
HARDIN – Big Horn County health officials on Friday announced an order requiring residents to wear face masks when outside of their homes.
The order, approved by the Big Horn County Board of Health, is the result of the increase in COVID-19 cases in the county, according to a press release.
County Commissioners, County Board of Health and Raven Tribe “stand together to promote universal use of masks by everyone in Big Horn County, when they are in public and at risk reaching fewer than six (6) someone else’s feet, “the press release states.
RELATED: Big Horn County Reports 2 New COVID-19 Cases (Thursday, June 25)
“As we have seen from the increase in positive cases in Big Horn County in the past two weeks, the risk of COVID-19 continues,” said George Real Bird III, Chairman of the Board of County Commissioners and the Board of Public health. “We realize that requiring masks may be controversial for some in today’s environment, but it is the only proven measure that we know of that can stop the spread of the virus to our vulnerable population, particularly our elders and more than 50% of our community with pre-existing conditions. “
“When COVID-19 cases are increasing rapidly, as is currently the case in Big Horn County, it is reasonable to consider known effective strategies to decrease transmission of the virus,” said Dr. Greg Holzman, State Medical Officer for the Montana Department of Public and Human Health Services: “Wearing a face mask is one of the known effective strategies to prevent the spread of the virus; staying home is another.”
RELATED: Montana Reports 29 New COVID-19 Cases (Friday, June 26)
The press release continues:
The US Centers for Disease Control and Prevention (CDC) states that COVID-19 is spread mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes, or speaks. These droplets can fall into the mouth or nose of close people or possibly be inhaled into the lungs. Studies and evidence on infection control report that these drops generally travel about six (6) feet, so the CDC has stated that it is important for everyone to practice social distancing (staying at least 6 feet away from other people) and wearing cloth face covers in public places. The CDC further notes that infected but asymptomatic or pre-symptomatic individuals play an important role in the spread of the community.
A cloth face cover provides some protection to the user, but can prevent the user from spreading the virus to others by limiting the release of infected drops, while providing a strong signal that the user cares about others. With the support of local companies that require masks, as well as peer or social pressure to wear masks in public, Big Horn County hopes to delay transmission of the virus as seen in other cities, states, and countries where the use of masks became the norm.
There are some limited exceptions to the requirement to use skins, as detailed below:
· If your healthcare provider tells you otherwise in writing;
• If the employer tells a person otherwise in writing because wearing a mask would endanger the person’s health and well-being. Employers must provide, in writing, an explanation of how the individual can safely mitigate the virus. If an employee is exempt from wearing a face covering due to a medical condition, but is employed in a job that involves regular contact with others, the employee must use a nonrestrictive alternative, such as a face shield with a curtain on the bottom edge, whenever its condition allows it;
• Children two (2) years and under are exempt due to the risk of suffocation. It is recommended that, whenever possible, children be left in the care of a suitable person and that only one (1) family member is out for shopping, etc .;
• When the ability to see the mouth is essential for communication, a person who is communicating with a hearing impaired person can lower their masks while speaking;
• If a person is obtaining a service involving the nose or face for which temporary removal of the facial covering is required to perform the service;
• Individuals engaged in outdoor work or recreation, such as swimming, walking, walking, biking, or running, either alone or with household members, when they can maintain a distance of at least six (6) feet from others;
• While outdoors in areas where you are unlikely to get within six (6) feet of others.
The Order expands the existing guidance for the use of cloth face coverings by the general public when outside the home. It is not a substitute for existing guidance on social distancing and handwashing.
Cloth masks can be picked up free of charge from the Big Horn County Public Health Department at 809 N. Custer Ave. in Hardin. The County will also have volunteers distributing masks at local events. The masks are also available for purchase from Sew Queen (665-4207) and Dan’s Custom Designs (439-0609) in Hardin. If you know a person or company that sells masks, please contact the Public Information Officer and the County will announce their masks on our COVID-19 Response Facebook page.
Public Health wants to remind all Big Horn County residents of the best ways to prevent transmission of this virus: stay home; wash your hands well and often; clean and disinfect frequently touched surfaces and items; wear a mask when in public; keep at least six (6) feet away from other people; and avoid traveling outside of the County if possible. And if you feel sick, don’t go to work or leave your house; rather, contact your healthcare provider for guidance.
To view the entire order, visit the Big Horn County website at https://www.bighorncountymt.gov/wp-content/uploads/2020/06/Order-of-BHC-Public-Health-Officer-2020- eleven. pdf.
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