Tamburino Talks Law: Ongoing Mask Discussion and How the Minneapolis Requirement Works

The ongoing mask discussion is leading to questions around the Minneapolis requirement. I discuss how the requirement works just click here to see my latest Tamburino Talks Law:

On May 21st the Mayor Jacob Frey of Minneapolis issued an executive order mandating that anyone who enters a place of public accommodation must wear a mask. The order took effect at 5:00 p.m. on Tuesday, May 26th, and no end date is stated. There are three issues involved in this order that should be explained.

First, the order is legal. Pursuant to state law, the mayor of Minneapolis, as well as a mayor in any other Minnesota city, has emergency powers that allow him/her to issue emergency orders during a peacetime state of emergency as long as the orders are ratified by the city council. Here in Minnesota, we have been living under Gov. Walz’s peacetime emergency order since March 13th. Mayor Frey issued the mask order as part of the peacetime emergency and the order was ratified by the Minneapolis City Council. Therefore, the order is legal.

Second, a place of public accommodation is basically any place that is open to the public. Examples of such places are: gas stations, stores, office buildings, skyways, restaurants, bars, breweries, malls, theaters, salons, tobacco shops, churches, synagogues mosques, and the common areas of hotels. It does not include individual hotel rooms, private offices, or any outdoor spaces.

Lastly, the timing of this order is perplexing because the mayor could have issued this order right after Gov. Walz issued a peacetime emergency declaration in March, and the mayor never gave a reason for why he waited so long. Perhaps he was hoping that Covid-19 would dissipate quickly and hospitalization rates would significantly decrease? We don’t know. But, the order now exists and it is a misdemeanor (punishable by up to 90 days in jail and up to $1,000.00 in fines) for any violation.


Why Choose Us?

  • We’ll start your case with a FREE, no-obligation consultation
  • Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
  • We have represented thousands of clients and we have handled hundreds of jury trials
  • Our attorneys have worked as prosecutors and public defenders throughout the state
  • Our team is available 24/7 – when our clients need us, we’re there for them

Book a Free Consultation 

We are available to speak with you 24/7. Don't hesitate to call us at (612) 444-5020 or fill out the form below. 
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.