Stock image of a woman in a mask.

On July 8, 2020, during a special meeting of Mendocino Countys Board of Supervisors, the board voted unanimously for penalties to individuals who refuse to comply with facial coverings guidelines.

According to a draft of the proposed ordinance, the fines range from one hundred dollars ($100.00) for the first violation; two hundred dollars ($200.00) for the second violation; and five hundred dollars (500.00) for third or subsequent violations if the subsequent violations occur within one year of the first violation.

The ordinance says fines will apply to any individual person to willfully or negligently refuse to wear a Facial Covering after an Enfofrcement Officer has informed the person that a Facial Covering is requiredunless the individual articulates a truthful, valid reason for not wearing a facial covering that is also one of the exceptions provided below.

The ordinance will take effect immediately as an urgency ordinance, and shall be applicable as of July 8, 2020, the date of approval of this ordinance.

As to those that can enforce the masking requirements, the ordinances language allows for both law enforcement personnel and anyone designated by the Health Officer including county employees, contractors, or anyone designated by Mendocino Countys Chief Executive Officer.

Exemptions from wearing facial coverings range from children under the age of two years old, persons who are hearing impaired, incarcerated individuals, and makes room for medical exemptions as well. The ordinance does specify that anyone claiming medical exemption bears the burden of proof through appropriate evidence that their medical condition qualifies them for the exemption.

The ordinance defines when facial coverings are required: All individual persons must wear a Facial Covering before they enter, and at all times while inside an indoor facility or any enclosed space, besides their residence, and outdoors when unable to maintain a six-foot distance from other persons outside of their own household or Non-distancing Stable Group.

The draft ordinance makes room for those issued citations erroneously to appeal their fines. An individual who wants their citation reviewed would document their appeal in writing and then the County Health Officer or a designee would determine whether the fine was issued appropriately or not. The model allows for, Any Responsible Party aggrieved by an administrative decision of a Hearing Officer or by the decision of the Hearing Officer may obtain further review by filing a petition for review with the Mendocino County Superior Court.

Mendocino Countys 5th District Supervisor, Ted Williams, explained, The state already made it law to follow the health orders including facial coverings. Under state law, its a misdemeanor. None of us seem willing to find individuals $10,000 or send them to jail. Today, we passed a separate offense that is only an infraction. Section 7 makes it clear that this new offense applies to persons, not a commercial activity. Commercial activity is still covered under the state misdemeanor.

In a presentation to the board, Mendocino County Sheriff Matt Kendall compared the utilization of an infraction citation for eschewing facial coverings to those issued when seatbelt ordinances were first enacted. He said the fines and fees are a little stiff but it gets the point across and protects Mendocino Countys District Attorneys office from increasing the countys already-backlogged court system.

Sheriff Kendall also expressed concern that I have concerns that a person who wont sign a citation when that occurs, an arrest is a remedy. He hoped to not see use of force issues stemming from infractions, however, the violator will be the person that makes ultimately makes the decisions about their fate in these encounters.

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Mendocino County Board of Supervisors Approves Issuance of Fines for Refusing to Wear Facial Coverings - Redheaded Blackbelt