Not wearing masks in school could be misdemeanor for Utah students, staff, officials say
Children returning to school in Utah have more to worry about than math tests and coronavirus infections. Now, they risk staining their criminal record.
State officials have confirmed that staff and students from kindergarten to 12th grade can be charged with a misdemeanor for not wearing a face mask while in school during the coronavirus pandemic, media outlets report.
Gov. Gary Herbert issued a state public health order on July 17 requiring all students, staff and visitors to wear face coverings in schools and school buses, despite the absence of a statewide mask mandate.
Spokeswoman for the governor’s office Anna Lehnardt confirmed the criminal penalty with The Salt Lake Tribune late Wednesday, adding that it’s up to school leaders to pursue charges.
“It’s enforced on a district and superintendent level,” Lehnardt told the outlet. “But we’re not thinking, ‘Let’s slap a bunch of kids with misdemeanors.’”
“The mask mandate is not intended to penalize students, parents or teachers — it’s intended to create a universal standard of a safe, common sense practice,” she told CNN.
A class B misdemeanor is the standard for a public health order violation, according to the Utah Judiciary, and carries the possibility of six months in jail and a fine of $1,000. “That is the same level of charge, for example, as a first offense for driving drunk,” the Salt Lake Tribune reported.
Some parents are not happy about the news.
“Our children should not have to suffer criminal consequences for getting an education,” Angie Martin, mother of a child attending high school in Cache County, Utah, said during a legislative meeting Wednesday, according to the outlet.
The mask order remains effective until Dec. 31, “unless otherwise modified, amended, rescinded, or superseded,” the statement reads.
Utah had 47,982 confirmed coronavirus cases and 381 deaths as of Aug. 20, according to the state’s department of health.
This story was originally published August 21, 2020 at 9:34 AM with the headline "Not wearing masks in school could be misdemeanor for Utah students, staff, officials say."
