SOUTHFIELD, Mich. (FOX 2) - It's been a law in Michigan for several months that everyone needs to wear a mask to slow the spread of COVID-19. Last week, Gov. Gretchen Whitmer announced it would now be punishable by a misdemeanor and a fine but that's caused some confusion for law enforcement agencies.
The law is if you show up to go inside a business, you have to mask up. Earlier this week, Macomb County Sheriff Anthony Wickersham said his officers wouldn't cite violators because of a lack of manpower. However, that doesn't mean they won't respond if called upon.
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Business owners have to report mask law violators, sheriff says
Anyone caught breaking Michigan's mask law could be fined for the offense but it's up to business owners to call and report them.
"It's the business owners responsibility, the clerk, to ask for compliance and if they don't get compliance, and they won't leave the store or the business, and that's a law enforcement issue and we are going to respond 100% of the time," he said.
So far, deputies have only seen a handful of calls and haven't been overwhelmed yet.
Attorney General Dana Dana Nessel says everyone needs to remember that this is the law. Just like no smoking inside of a business.
"Which used to be legal. You could smoke anywhere, virtually, in the state of Michigan at one time. But we changed that. So if somebody was to light up a cigarette, it would be incumbent on that establishment to say there's no smoking in here, and if you continue to insist on smoking, you're going to have to leave the establishment. It's really not that different at all," Nessel said.
County Executive Mark Hackel says counties are finding out about these new orders from the media, forcing them to take swift action. The mask order left them with little time to come up with a plan.
"One of the components was is this a misdemeanor. Right away we're thinking, what do we do? Are we arresting people for this? Even though the actual order said there's no confinement associated with this, that's not what we are normally a custom to law-enforcement. A misdemeanor means there is confinement, so there was confusion if this is a civil infraction. So the question became what are we doing how do we enforce it immediately," he said.
Anyone caught breaking the rule is subject to a $500 fine. Businesses are also required to enforce the rule.
"Most of the business owners and stores have set up a reception where they are checking for customers as they're coming in and asking them to wear a mask. If they're not gonna wear a mask, then they may have to shop or somewhere else," Wickersham said.
The attorney general is encouraging county leaders and police departments to call her office for clarification. She's echoing Gov. Whitmer who says it's a small price to keep the state going in the right direction.
"We don't think it's something so cumbersome to people, it's a little uncomfortable, I'll concede that, but it's not as uncomfortable as being on a ventilator," she said. "If people defy the order we're just going to regress and move backwards."
Nessel is encouraging anyone who wants clarification about the law and how it will be enforced to contact her office at michigan.gov/ag https://www.michigan.gov/ag/0,4534,7-359-82100---,00.html