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Gov. Kemp signs new executive order allowing local governments to set mask mandates

Kemp's order does not impose a statewide mask mandate, but it allows counties and cities to set them as long as they follow certain rules

ATLANTA — Governor Brian Kemp is renewing COVID-19 restrictions Saturday with a new executive order.

It extends the shelter in place order for the elderly and medically fragile until Aug. 31, as well as extends the ban on large gatherings.

Kemp’s order says coronavirus cases are improving in the state but he's asking for Georgians to still be careful.

He’s urging people to wear a mask, social distance, wash their hands and follow his order.

The most significant development in the order is that it gives local governments the power to set and enforce mask ordinances on public property, but they must follow strict rules.

The order says that counties can, but are not required to set a local mask mandate.

If a county or city chooses to set a mask mandate, it must follow these rules:

  • It cannot be applied to someone that is eating or drinking, someone who has difficulty putting on or taking the mask off without assistance, or someone who has a legitimate medical reason to not wear a mask.
  • The mandate must not result in fines, fees or penalties against a private business.
  • Any fines, fees or penalties against an individual in violation of the mandate should not exceed $50. 
  • The mandate can only be enforced on an individual level, meaning owners of private businesses cannot be held liable if their customers fail to comply with the local ordinance.
  • The mask mandate shall not be enforced at a polling place.
  • The mask mandate cannot be enforced on people at residential properties.

Additionally, Kemp’s order says that any local governments who choose to set a mask mandate should warn people who don’t comply about the health risks of not wearing one before issuing a citation.

Also, it says local governments should distribute masks to people who violate the ordinance and cannot afford a face covering.

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