ST PAUL, Minn. — As Gov. Tim Walz has issued a statewide mask mandate in Minnesota, some viewers have reached out to KARE 11 with concerns that the mandate forces people to break the law.
They referenced a Minnesota state statute that says wearing a mask in a public place, except for some specific exceptions, is a misdemeanor.
THE QUESTION
Does the governor's statewide mask mandate force Minnesotans to break the law?
THE ANSWER
No, it doesn't. The governor's order specifically references the statute about face masks, and states that wearing a mask in compliance with the order is not a violation.
WHAT WE LEARNED
The statute that some viewers have sent us is indeed real. Here it is, word for word:
609.735 CONCEALING IDENTITY.
A person whose identity is concealed by the person in a public place by means of a robe, mask, or other disguise, unless based on religious beliefs, or incidental to amusement, entertainment, protection from weather, or medical treatment, is guilty of a misdemeanor.
The statute was originally part of a 1963 set of laws that focused on crimes and punishment. The mask ban was originally under a section about public misconduct or nuisance. It was listed along with other crimes like unlawful assembly, rioting, disorderly conduct and vagrancy.
The crime originally carried a potential 90-day sentence and fine of not more than $100. In 1971, that wording was changed to say only that the person was "guilty of a misdemeanor."
In 1986, the language of the statute was changed to say "A person" instead of "Whoever conceals his identity," part of a larger move to make Minnesota laws gender neutral.
In 1995, the last time this statute was amended, it added the exceptions that are in place today for religious beliefs, protection from weather, or medical treatment. The original only allowed exemptions for "amusement or entertainment."
Gov. Walz's emergency order requires face coverings in indoor public settings, and orders workers to wear face coverings outdoors when social distancing is impossible.
The order specifically addresses the statute prohibiting masks on page 13, under section 19, Relationship with other law: "Wearing a face covering in compliance with this Executive Order or local ordinances, rules, or orders is not a violation of Minnesota Statutes 2019, section 609.735."
When reached for comment, a spokesperson for the governor's office said that emergency orders are often at odds with state statute, and that's often why they're needed. He cited examples like closing schools for a snow emergency or waiving weight regulations for trucks trying to get out of town before a storm.
LEARN MORE
Dig into the resources we used for this VERIFY:
The state of Minnesota also has a long list of frequently asked questions on the mask mandate here.
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