Students and Teachers Could Be Charged With a Misdemeanor If They Don’t Wear Masks

Utah currently has at least 47,521 Covid-19 cases and 377 deaths, according to a tally by Johns Hopkins University.

Students and staff in Utah who don’t wear a mask in K-12 schools in accordance with the governor’s mandate can be charged with a misdemeanor.

The potential criminal penalty for violating the order was confirmed by Gov. Gary Herbert’s office late Wednesday. Spokeswoman Anna Lehnardt said it’s up to leaders of schools and charters to decide whether they want to seek charges as they respond to the continuing coronavirus pandemic.

“It’s enforced on a district and superintendent level,” she added. “But we’re not thinking, ‘Let’s slap a bunch of kids with misdemeanors.‘ ”

Herbert had issued the mask mandate for public schools in July. As classrooms have begun reopening across the state this week, though, it’s become a new source of frustration for many parents — with a focus on the enforcement.

During a legislative meeting Wednesday, one mother questioned why there should be potential misdemeanor charges associated with something she sees as a personal choice.

“Our children should not have to suffer criminal consequences for getting an education,” said Angie Martin, who has a child attending high school in Cache County.

Lehnardt said she expects charges will rarely be pursued. And schools have the choice, too, to push students who won’t wear a mask to do online work. There are also exceptions to the order for those with medical conditions and during breakfast or lunch times.

If a criminal prosecution is sought, though, a school employee or a student — including those in kindergarten — could face a class B misdemeanor. That is the standard for any violation of a public health order, Lehnardt added. And it can be punished with a sentence of up to six months in jail and a fine of up to $1,000. That is the same level of charge, for example, as a first offense for driving drunk.

“We want our teachers to be safe,” Lehnardt said, describing the reasoning behind the penalty.

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Lawmakers discussed Wednesday whether the K-12 mask mandate was among the emergency executive orders issued by Herbert during the pandemic that are set to expire this week. But it is not, and it will remain in effect.

Legislative leaders won’t be renewing the governor’s other orders — including a mask requirement in state buildings — and it would be up to Herbert if he wants to reissue those. The school face-covering mandate, though, “is not in danger,” Lehnardt said, because it was issued in conjunction with the Utah Department of Health. It does not have an expiration date.