The city of Boston has announced that in response to the ongoing COVID-19 pandemic, individuals will be required to wear face coverings “whenever they are indoors on business premises, a club, meeting place or other place open to members of the public, including, but not limited to, retail establishments, restaurants, bars, performance venues, social clubs, event spaces and municipal buildings. The face covering order comes into effect on August 27, 2021 at 8:00 a.m.
The decree does not apply to informal gatherings in private residences in which no compensation for the use of the property is paid to the owner.
The ordinance exempts the following from the obligation to cover their face:
Children under two;
Anyone who has difficulty breathing;
Anyone who is unconscious, incapacitated or unable to remove the mask without assistance; Where
Anyone who, due to a disability, cannot wear a mask.
The Boston Order requires patrons of restaurants, indoor bars, and dance halls to wear face coverings, except when actively eating or drinking. Customers standing or commanding at the bar must be masked. Guests must be masked on the indoor dance floors.
The City has also posted an FAQ to provide additional guidance on ordering. The FAQ states that the requirement to cover the face “does not apply to offices or businesses that are not open to the public.” The FAQ further states that the mandate will remain in place until there is a “steady downward trend in city health data and levels of transmission in the community are lowered.”
Massachusetts has not adopted a mandate covering the face. However, in July 2021, the Massachusetts Department of Public Health (DPH) issued a face covering advisory recommending that people who are not fully vaccinated continue to wear face coverings. He also recommended that fully vaccinated people wear a face covering indoors (not in their own homes) if they have a weakened immune system or are at increased risk of serious illness due to their age or illness. ” an underlying medical condition, or if a member of their household has a weakened immune system, is at increased risk of serious illness, or is an unvaccinated adult.
The DPH advisory also states that masks are still mandatory for all people on public and private transportation systems (including rideshare, liveries, taxis, ferries, MBTA, commuter train, and station stations. transport), in health establishments and in other settings welcoming vulnerable populations, such as collective care establishments.
Jackson Lewis PC Â© 2021Revue nationale de droit, volume XI, number 235