INDIANAPOLIS (Legal Newsline) – Indiana’s governor has no authority to require the residents to wear face masks, the state’s lawyer says.
Attorney General Curtis Hill is letting his feelings known about Gov. Eric Holcomb’s coronavirus mandate, which goes into effect on Monday. Those who disobey the order could face criminal charges.
“With his proposed mask mandate, Gov. Eric Holcomb has expanded his authority under his emergency order far beyond the timetable that was imagined when Indiana first began seeing #COVID19 cases,” Hill’s Twitter account said on Friday.
Hill says Holcomb doesn’t have the power to criminalize violations of the order.
“He should call a special legislative session to debate whether or not failing to wear a mask should be subject to criminal penalty,” Hill’s office tweeted.
A press release notes that scientists support wearing face masks to help stop the spread of coronavirus, but that isn’t at the heart of his dispute with Gov. Holcomb.
He’s more concerned whether Holcomb is following the process for enacting laws designed by the state Constitution.
“(I)t’s time to show some deference to the branch of government actually charged by our state constitution with the responsibility for enacting laws,” Hill said.
Holcomb’s order requires face masks for anyone at least 8 years old in public indoor spaces, businesses, public transportation, taxis, ride-sharing services and outdoor public spaces where it’s not possible to socially distance.