HUNTINGTON — Cabell County health and police department officials say there have been a few calls about people showing up at businesses and refusing to wear a face covering, but nobody has been charged.
“We probably got a few calls months ago when all this started, but none in a very long time,” said Huntington Police Chief Ray Cornwell. “We haven’t charged anyone for not wearing a mask.”
Cabell County Sheriff Chuck Zerkle said his office has not received any complaint calls about anti-mask customers breaking any laws inside a business.
“We have not received any yet,” Zerkle said. “All is good so far.”
Earlier this month, West Virginia Gov. Jim Justice issued a new “ultra mandatory” mask mandate in an effort to slow the spread of COVID-19. He urged business owners to call the police on people who refused to wear masks inside their businesses and said the business owners and operators themselves could have officers called on them if they didn’t enforce the new executive order.
However, Cornwell says the governor’s mask mandate is more of a public health matter and not a law enforcement issue unless the customer does something to violate the law.
“We would respond to a criminal matter, such as disorderly conduct, assault, destruction of property and things like that,” he said.
Cornwell says the Cabell-Huntington Health Department has enforcement authority with businesses on the governor’s new order.
“We have worked closely with the health department on this crisis since the beginning,” he said. “We enforce criminal matters and they enforce public health mandates.”
Cabell-Huntington Health Department public information officer Hannah Petracca said there haven’t been many complaints.
“Most of the calls we are getting are about COVID-19 testing,” she said. “We have been very lucky that the mask mandates haven’t been a huge issue in Cabell County.”
Petracca said if a complaint comes in regarding a food establishment where employees are not wearing masks, it is handled by the department’s environmental team.
“They will make sure the business understands the mandate, and make sure they have the masks and things they need to stay open,” she said.
She added that complaints regarding businesses that are not food establishments are handled by the department’s administrative team.
“They also make sure they understand the mandate and have what they need to remain open,” she said. “We are not trying to shut down businesses, but rather work with them to make sure they understand the mask mandates and have the resources they need to remain open.”
Petracca said the health department does not have the authority to do anything regarding customers who do not wear a mask inside a business or public building.
“That would be something the individual business would have to enforce,” she said.
West Virginia Attorney General Patrick Morrisey recently said he agreed with Justice that the governor did not have the right to legislate or deem criminal charges on people with his executive orders.
“As your Attorney General, we speak for the state on criminal matters at the appellate level and handle all criminal appeals at the (state) Supreme Court and in the federal courts,” Morrisey posted on Facebook. “We also speak for the legal interests of the people of West Virginia.
“During this pandemic, I will continue to ensure that any efforts to use the criminal code for any purpose are not applied in an arbitrary, improper or heavy-handed manner. Let’s be clear: no one is going to send people to jail, and that simply should not be occurring with respect to the governor’s executive orders.”
Justice responded with a statement saying he was saddened to see the statement that Morrisey posted to Facebook.
“With the overwhelming majority of West Virginians in favor of wearing masks, it is extremely disheartening that he doesn’t also strongly support the wearing of masks, especially after all our medical experts on a state and federal level have made it abundantly clear that wearing a mask works to stop this virus,” the governor’s statement said. “West Virginians have entrusted me to make the right decisions in the best interest of our health and prosperity. I will work tirelessly to keep our businesses open, our people working and our schools open. Wearing our masks, while inconvenient, will help. I consider it an honor to be in this position. I have always done what I believe in my heart is best for all West Virginians, and I promise you I will not stop until we stop this pandemic.”
Morrisey said on Facebook that people should wear masks and the virus is a serious health threat, but his office would use its constitutional authority to protect residents’ freedoms and due process.
“We cannot and must not shut down our state — we must protect the public health while staying open,” he wrote. “Act responsibly and know we will use our constitutional authority to protect your freedoms and the due process you are afforded to the fullest extent the law allows.”
