How will police handle the new Mecklenburg mask mandate? Here’s an FAQ on enforcement

In theory, anyone who refuses to follow Mecklenburg County’s reinstated mask mandate could be charged with a misdemeanor.

But that penalty is highly unlikely for businesses and individuals once the new indoor face covering requirement takes effect on Tuesday countywide. Individual police departments in Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill and Pineville will respond to complaints about non-compliance.

The Charlotte-Mecklenburg Police Department will continue to focus on voluntary compliance and education.

Other local police departments, who responded to identical questions from The Charlotte Observer, echoed a similar stance about how they would handle calls about mask violations. The Huntersville Police Department did not respond to Observer questions.

Based on the trajectory of coronavirus cases, accelerated by the spread of the highly contagious delta variant, Mecklenburg’s mask mandate could be in effect for months. Health officials say masking rules can be loosened once the COVID-19 positivity rate drops to 5% for 30 days.

Mecklenburg’s positivity rate in the past week was 13.7%, officials said on Friday.

Here’s a closer look at how CMPD and other police departments intend to enforce indoor mask-wearing in public settings.

What does Mecklenburg’s public health rule say?

Mecklenburg Public Health Director Gibbie Harris and law enforcement officers are authorized to enforce the public health rule.

Harris, for example, could issue an “abatement of imminent hazard order” and shutter establishments that defy health protocols or jeopardize community health. She previously wielded this tool when she ordered the United House of Prayer for All People buildings to close following a massive COVID-19 outbreak.

For their part, Charlotte and Mecklenburg’s six towns have the discretion for how they want to enforce the mask rule, including adopting stricter penalties.

Similar to other critical junctures throughout the pandemic, no municipality is embracing this enforcement authority.

And while Charlotte and the towns could institute even stricter penalties for mask violations, no police department is exploring that option either.

What will enforcement entail?

CMPD intends to reach voluntary compliance through education and conversations, spokesman Thomas Hildebrand said. This will be a complaint-driven process.

”This has been the CMPD’s approach to consistent enforcement of the mandate, and it will remain so until the mandate is rescinded,” Hildebrand said in a statement to the Observer. “CMPD received a tremendous level of cooperation from the community through the earlier mandates.”

The Matthews Police Department is also prepared to educate residents about masking, said spokesman Tim Aycock.

”Our primary goal is to gain voluntary compliance through education and to call on the sense of community safety from our residents,” Aycock said.

In Davidson, mask-wearing compliance has been “historically high,” said town spokeswoman Amanda Preston.

So there are no fines?

Charlotte-area police departments describe fines as the last resort for individuals and businesses violating Mecklenburg’s mask mandate.

Typically, mask-wearing violations have not yielded formal penalties in and around Charlotte.

But multiple local establishments have been cited for violating capacity limits and serving alcohol last summer while a late-night alcohol curfew was in effect. Other businesses, including bars and gambling arcades, were cited for opening too early in the state’s phased reopening plan.

With this new mask mandate, the Pineville Police Department says its goal is to avoid enforcement through criminal tactics. Instead, the emphasis is on education and understanding.

In fact, Pineville has never needed to charge anyone for violating earlier mask mandates, said Lt. Corey Copley. There are no additional penalties under consideration.

”So far, we have received 100% compliance through our methods during the first go-around and we believe this will hold true for us again,” Copley said.

In Mint Hill, criminal charges are also unlikely for businesses that refuse to require masks for customers.

“Under previous mask mandates, the few Mint Hill businesses that were not following guidelines did not know all of the requirements,” said Chief Joseph Hatley. “A simple conversation explaining was all required for compliance.”

How do businesses ask for help?

Mecklenburg County officials say businesses should call 911 if they have customers who refuse to wear a mask and won’t leave the premises.

But most local police departments say their preference is for businesses to use their non-emergency line, unless the situation is a true emergency. Those numbers are:

▪ CMPD: Call 311 (if outside Charlotte, call 704-336-7600)

▪ Pineville: Call the non-emergency line at 704-889-2231 or the tips line at 704-889-8477

▪ Mint Hill: Call 311

▪ Cornelius: Call 704-892-7773

▪ Davidson: Call Mecklenburg County Public Health at 980-314-9400

▪ Matthews: Call the Communications Center at 704-847-5555

What will the police do?

Law enforcement officers who are dispatched to businesses could end up citing people for trespassing if necessary.

Yet the first line of defense is for businesses owners to try to regulate mask wearing without police assistance.

”We’ll certainly show up if we’re called and address that, but we want to educate folks about the mask mandate (and encourage) encourage folks to wear masks,” CMPD Major Dave Johnson said during a news conference this month.

That’s the case elsewhere in Mecklenburg, too. In Davidson, for example, patrons will be offered masks before a disturbance escalates into a trespassing charge.

”Refusal to leave can result in a citation or arrest,” Preston, the town spokeswoman, said.

Should enforcement be stricter?

While a fine is unlikely, the threat itself of a possible mask violation penalty could spur compliance, said Michael Thompson, associate chair of the Public Health Sciences department at UNC Charlotte.

Police officers are needed to diffuse tense situations, especially as pandemic restrictions have become increasingly politicized and controversial, Thompson said.

Certain situations are easier to enforce, including retail stores where people have no reason to take off their face coverings. But restaurants and bars are trickier, where there are more mask-wearing exemptions, Thompson said.

“It’s a very slippery slope. That’s part of the reason for having police involved,” Thompson said. “We don’t have a framework for civil discourse and civil society anymore.”

This story was originally published August 30, 2021 at 1:34 PM.