Law enforcement can’t enforce masks, but can enforce trespassing if you refuse to wear a mask

LEXINGTON, Ky. (WTVQ) – Law enforcement agencies across the state are receiving calls and messages about enforcing the mandatory mask order.

The Scott County Sheriff’s Office and the Fleming County Sheriff’s Office both posted a message on Facebook explaining how it works on their respective Facebook pages.

Sheriff’s offices and police departments “can only enforce laws that have been created by legislative action and voted into law. The current executive orders do not fall under that category.”

But they will enforce a different law. For example if a business refuses to serve someone because they aren’t wearing a mask and that person won’t leave.

“Law enforcement would come in and directly act in those instances under trespass laws. I think that’s pretty powerful,” Beshear said.

Health departments, the labor cabinet and the Department of Alcoholic Beverage Consumption have direct ability to enforce mask wearing and possibly even issues fines.

“No shoes, no shirt, no mask, no service. It creates a clear, bright line that each of our businesses needs to be following,” Gov. Beshear said.

Some businesses like Walmart have an employee watching at the front for masks to make sure the rule is followed.

But then there’s a places Home Depot on Richmond Road where there’s signs saying “wear a mask,” but no one near the entrance checking.

Home Depot’s corporate says: “We have not required stores to police local mandates, because it can be dangerous to put our associates in that position.”

“All these things are temporary. We’re just getting through a dangerous time and once this thing is gone all those emergency powers go away. I can’t wait until I don’t have to issue these types of orders. I can’t wait.,” Beshear said.


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