There is no legal basis for the California Department of Public Health to require Californians to wear face-coverings in high-risk settings, according to a San Diego-based lawyer.
“It’s just further panic reaction to the spread of the illness,” said attorney Shawn McMillan. “As this all unwinds and we start looking at it historically, different views will emerge regarding the lawfulness of these orders but right now in the midst of the pandemic, I don't see a court striking.”
As of June 25, there had been a 5,349 spike in COVID-19 cases and 101 deaths for a total of 200,920 positive cases 5,733 fatalities in just 24 hours, according to the Department of Public Health.
“Authorities are likely to issue citations and fines to exact compliance from the public,” McMillan told the Southern California Record.
The new mandate requires the use of cloth face coverings by the general public when outside the home with exceptions, which include the hearing impaired and when eating or drinking at a restaurant or other food establishment as long as parties maintain a distance of at least six feet from persons who are not members of the same household or residence.
“We are seeing too many people with faces uncovered – putting at risk the real progress we have made in fighting the disease,” Gov. Newsom told journalists at a virtual press conference. “California’s strategy to restart the economy and get people back to work will only be successful if people act safely and follow health recommendations. That means wearing a face covering, washing your hands and practicing physical distancing.”
McMillan accused Gov. Newsom of blame dodging by using the Department of Public Health to issue the mandate.
“He’s totally hiding and using the Department of Public Health as an excuse in case he’s sued,” McMillan said in an interview. “That's how you convince everybody. You keep everybody in fear. ‘The doctors and the experts are telling us we're all gonna die so you better wear a mask.’”
Dr. Sonia Angell, state public health officer and director of the California Department of Public Health, said in a statement online that the spread of COVID-19 is still a very real threat across the state.
“Combined with physical distancing and frequent hand washing, wearing cloth face coverings when we are with others outside of our household will reduce the spread of COVID-19,” she said. “As Californians venture into our communities more, wearing face coverings is another important way we can help protect one another.”