On November 16, Hawai'i State Governor David Ige issued his Fifteenth Proclamation Related to the Covid-19 Emergency that now includes a state-wide mask covering mandate. The details are covered in Exhibit J of the proclamation, which is copied below in full. This proclamation is in effect till December 31, 2020, unless terminated or superseded by another proclamation, whichever comes earlier.
Face coverings.
All individuals shall wear face coverings over their noses and mouths when in public settings.
The only exceptions to this requirement are:
- Individuals with medical conditions or disabilities where the wearing of a face covering may pose a health or safety risk to the individual;
- Children under the age of 5;
- While working at a desk or work station and not actively engaged with other employees, customers, or visitors, provided that the individual’s desk or workstation is not located in a common or shared area and physical distancing of at least six (6) feet is maintained;
- While eating, drinking, smoking, as permitted by applicable law;
- Inside private automobiles, provided the only occupants are members of the same household/living unit/residence;
- While receiving services allowed under a State or county order, rule, or proclamation that require access to that individual’s nose or mouth;
- Where federal or state safety or health regulations, or a financial institution’s policy (based on security concerns), prohibit the wearing of facial coverings;
- Individuals who are communicating with the hearing impaired while actively communicating (e.g., signing or lip reading);
- First responders (police, fire fighters, lifeguards, etc.) to the extent that wearing face coverings may impair or impede the safety of the first responder in the performance of his/her duty;
- While outdoors when physical distance of six (6) feet from other individuals (who are not members of the same household/living unit/residence) can be maintained at all times; and
- As specifically allowed by a provision of a State or county COVID-19 related order, rule, or proclamation.
An owner or operator of any business or operation shall refuse admission or service to any individual who fails to wear a face covering, unless an exception applies under this section. Businesses or operations may adopt stricter protocols or requirements related to face coverings and face shields. Businesses or operations not enforcing this rule may be subject to enforcement, including fines and mandatory closure.
Definition: “Face covering” as used herein means a tightly woven fabric (without holes, vents, or valves) that is secured to the head with either ties or straps, or simply wrapped and tied around the wearer’s nose and mouth. Face coverings must comply with the recommendations of the Center for Disease Control and Prevention (“CDC”), as such recommendations may change from time to time. The current CDC guidelines are available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html. Examples of compliant homemade masks and other facial coverings may be found at: https://www.cdc.gov/coronavirus/2019-ncov/preventgetting-sick/diy-cloth-face-coverings.html. A medical grade face-covering is not required.
Face shields (plexiglass/clear plastic shields, etc.) are not permitted as substitutes for face coverings unless an exception to the face covering requirement applies. Individuals who are unable to wear a face covering due to medical conditions or disabilities where the wearing of a face covering may pose a health or safety risk to the person, or other exception, are encouraged to wear a face shield instead.
The wearing of face coverings is intended to complement, not serve as a substitute, for physical distancing and cleanliness.
Any seller of face coverings, or materials or supplies to make or manufacture such face coverings, shall abide by Haw. Rev. Stat. §127A-30.