NY DOH Clarifies Social Distancing and Mask Enforcement 

The NYS Department of Health has issued an emergency rule, effective Thursday, JULY 9, 2020 addressing the enforcement of several “social distancing” measures. Perhaps most significant, the rule (Section 66-3.2) imposes an explicit, enforceable requirement on all building owners and operators:

“Business operators and building owners, and those authorized on their behalf shall deny admittance to any person who fails to comply with this section [requiring face-coverings] and shall require or compel such persons’ removal. Provided, however, that this regulation shall be applied in a manner consistent with the federal American with Disabilities Act, New York State or New York City Human Rights Law, and any other applicable provision of law.”

The rule states that any individual violating any provision of this rule is subject to civil penalty up to $1,000 per violation, while businesses are subject to civil penalties specified in statute, up to $2,000 per day of violation. This emergency rule’s will be effective during the duration of the COVID-19 state of emergency. Under the State Administrative Procedures Act, an emergency rule is effective for up to 90 days, during which time the agency is supposed to file a formal rulemaking proposal; emergency rules can be extended in 60 day increments.

To see the NY DOH rules click HERE.

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