Cape County mask mandate difficult to enforce, officials say

Is Cape Girardeau County's COVID-19-related face-covering order an order or a suggestion? Enforcement would seem to be key to answering the question.

So: Is anyone enforcing the order?

According to the county's top health department official, that falls to the county's prosecuting attorney.

Jane Wernsman, director of Cape Girardeau County Public Health Center, said the health department is focusing on educating the public on the order, which took effect Monday morning and compels a face covering in public and private spaces on most occasions for those older than 9. The health center will not issue penalties or warnings, she said.

Instead, the Cape Girardeau County prosecuting attorney will handle enforcement of the order, she said.

That came as news to Prosecuting Attorney Mark Welker.

Welker said Friday night he had no input on the order and had not communicated with county health officials.

The prosecutor said the order does not "lend itself to the ability for my office to file charges" because of its broad nature. Welker said the order appears to be encouraging county residents to wear face-coverings in public but it's unlikely charges against those not wearing a mask would ever arise from the order. He added the order's penalty — a Class A misdemeanor punishable by a fine of up to a $1,000, up to a year in jail or both — is harsher than that for a first-time offense of driving while intoxicated.

The prosecutor said law enforcement's role in relation to the order could come from dealing with those who do not abide by businesses' masking rules.

"A business who does not want an individual in their business without a mask and they refuse, then we will certainly look at filing trespassing against that individual," he said. "I believe that would be a more appropriate avenue to take where a business is actively trying to protect the citizens of the county, and we will help them in any way we can."

Violations may be reported through an online survey or calling the health center, according a news release.

Cape Girardeau police Sgt. Joey Hann said local police officers are focusing resources on enforcing state statutes and laws, rather than the order from the health department. He said the department asks the community to respect business policies in place and contact the Cape Girardeau County Public Health Center with any concerns.

"Our officers are currently wearing masks when we engage with the public, but we are not actively enforcing face coverings, as that would not reflect the functions our citizens have entrusted our department to carry out in the community," Hann stated.

"The mask mandate is an order through the department of health, so it comes through the county health department, and they are the regulators of the ordinance," Cape Girardeau sheriff Ruth Ann Dickerson added.

In the county's weekly COVID-19 report released Thursday, health center officials reported a 24.6% increase in new cases from last week, compared to a 64.2% increase the previous week.

Mask mandate violations may be reported at surveymonkey.com/r/SJ9NYLJ.