Douglas County health department has received 89 complaints about mask violations; no penalties assessed yet

photo by: Rochelle Valverde/Journal-World File Photo

A sign at Love Garden Sounds, 822 Massachusetts St., in early June 2020 advises customers that they must wear a facial covering to enter.

As of Thursday, the Lawrence-Douglas County health department had received 89 complaints related to people or businesses not complying with the local mask mandate since it took effect July 1.

The mandate by the county health officer, Dr. Thomas Marcellino, requires that masks be worn in all public places such as retail or grocery stores, workplaces and public facilities. Masks must also be worn in all public spaces where six feet of social distancing cannot be maintained.

George Diepenbrock, spokesperson for Lawrence-Douglas County Public Health, said most of the 89 complaints had been geared at businesses. He said the health department has a three-step process for addressing the enforcement of its mask mandate in local businesses.

Complaints against businesses who are not enforcing the mask mandate will first be met with a call by the local health department to reinforce the requirements and ask for cooperation. If a second complaint is issued, a member of the health department will go to the business for an in-person conversation. A third complaint will be referred to law enforcement.

Businesses are responsible for enforcing the order on their premises, Diepenbrock said, but they are not responsible for outdoor spaces not in their control.

The Douglas County District Attorney’s Office will make decisions on a penalty for civil violations of the mask order based on information from law enforcement. Diepenbrock said the district attorney’s office would handle penalties for violations by both businesses and individuals.

As of Thursday, no court actions for potential violations had been initiated by the district attorney’s office, according to Dorothy Kliem, trial assistant for the office. Should action be taken, however, a person who is found to have intentionally violated the order may incur a civil penalty of up to $2,500 per violation, she said.

Diepenbrock said that in instances where the health department has needed to ask for compliance with the mask mandate, department staff members have been “grateful” for the residents and businesses “who have complied as we believe this is an essential public health practice right now at limiting the spread of the coronavirus.”