Not a legal issue

Monday marked the first day of an Indiana mask mandate but its still not entirely clear how enforcement will work and how different facilities can operate.

The same is true in Fort Recovery.

As clarified by the Portland Police Department and Jay County Sheriff Dwane Ford (see related story), local law enforcement is not responsible for enforcing Gov. Eric Holcomb’s executive order, which requires masks to be worn by adults when social distancing is impossible.

There is no criminal penalty for not wearing a mask. Holcomb said Wednesday that violating the mandate could result in a Class B misdemeanor, but that provision was not in the official order he signed Friday.

“Please keep in mind that law enforcement are not the ones that will enforce this. Do not call the police department for violations for this (order),” the Portland Police Department wrote in a statement Monday.

The order clarifies that state and local health departments are responsible for enforcing the mask mandate through education about the importance of wearing a mask. Jay County Health Department environmentalist and administrator Heath Butz said local violations should be reported to his office.

“It’s important we all work together,” Butz said.

He added that informational campaigns are being developed to stress the importance of wearing a mask in a public space.

“Personally, I think not wearing a mask is selfish,” Portland Mayor John Boggs said.

There also hasn’t been much change in Fort Recovery, said village administrator Randy Diller. Ohio’s mandatory mask order went into effect Thursday.

“We really haven’t changed anything,” he said. “It’s (community members’) responsibility to follow the rules.”

Boggs, who prior to the order last week recommended to Jay County Chamber of Commerce that masks be required in stores, said he is concerned by how many customers he sees at Walmart not wear a mask and that he expects the store to enforce its mask policy.

The mandate does not require masks in private business or offices, only in areas open to the public. Masks are required outside and in parks in instances where social distancing is impossible.

Questions still surround Portland Water Park and how it can operate under the order, which states that masks aren’t required in pools if swimmers who aren’t from the same household can stay 6 feet away from one another.

Butz said it’s unreasonable to ask for masks to be worn in the pool but that they should be worn on the deck or outside of the pool.

Boggs said Portland Park Board will likely discuss how parks will operate under the mandate at its meeting scheduled for Aug. 4.

Fort Recovery’s Ambassador Pool hasn’t needed to change much from the mask rules put in place before opening earlier this year, Diller said. Attendees must wear a mask while outside the pool. While in the pool, they should stay 6 feet away from others.

Employees must wear their masks in buildings and social distance outside.

Diller explained the order isn’t technically for local law enforcement to enforce but for the health department to survey. Enforcement will respond to action requested by the department if need be.

“We’re not going to be there to watch (community members) if they don’t (wear masks), but if we get a complaint, we’ll pass it on to the health department or respond as the health department says is necessary,” he said.

Masks are now required to be worn in public spaces for everybody in Indiana that is at least 8 years old and are recommended for children between the age of 3 and 7. Children younger than 3 are recommended to not wear a mask because it is a choking hazard.

Those with a medical impairment, mental health condition or physical disability that prevents them from being able to wear a mask are also exempt from the order.

Masks are also not required for those exercising, eating or drinking or playing a sport 6 feet away from somebody else.

Jay County had one new case of COVID-19 over the weekend, bringing its cumulative total up to 75.

Boggs said the next couple of weeks will be critical to containing any spike in cases caused by the Jay County Fair, which ended 10 days ago.