To help stop the spread of COVID-19, many state and local governments, as well as private businesses, have put mask mandates in place. Many people feel this goes against their rights. Are these laws valid, and can you go to jail for breaking them?

Are Mask Mandates Legal?

Mask mandates are generally legal. The Supreme Court has recognized that state and local governments have wide powers when they're taking steps to combat a local health crisis. One of the key factors is the level of burden on private citizens, and courts don't believe that wearing a mask prevents a burden to the level that it infringes on rights.

Private businesses also have a wide degree of ability to set dress codes and other rules for their establishments. If a rule isn't discriminatory, they can generally deny entry or service to those who don't follow it.

The main exception would be if a higher authority has passed a law to the contrary. For example, some areas might ban private mask mandates or a state government might restrict what rules a local government can make.

What Is the Penalty for Breaking a Mask Mandate?

Most mask mandates are civil violations. This means that you could face a fine but you won't have a criminal charge.

Criminal defense attorneys can still help with civil violations. For example, they routinely help beat civil traffic tickets. A defense to a mask mandate violation might be that you were actually properly socially distanced or engaging in exempt activities like exercise.

What About Trespassing Charges?

Trespassing is one of the most common criminal charges that could come from refusing to wear a mask. If you're asked to leave because you aren't following the mask rules, you have a legal obligation to do so.

Once your permission to be on a property is revoked, remaining there is trespassing. If you continue to refuse to leave or if you come back after being told not to, that could rise to criminal trespassing.

What About Disorderly Conduct?

Refusing to wear a mask could also lead to a civil or criminal disorderly conduct charge or similar charges like obstructing a law enforcement officer. This could happen if you caused a scene or created a disturbance after being asked to put a mask on or leave. Because this charge is subjective, a criminal defense attorney may be able to help get it reduced or dismissed.

To learn more about criminal charges related to wearing a mask, contact a local criminal defense lawyer today.