COVID-19 and the Conundrum of Mask Requirements

Washington and Lee Law Review Online, May 2020.

Saint Louis U. Legal Studies Research Paper No. 2020-07

15 Pages Posted: 21 May 2020 Last revised: 8 Jun 2020

See all articles by Robert Gatter

Robert Gatter

Saint Louis University - School of Law

Seema Mohapatra

Indiana University Robert H. McKinney School of Law

Date Written: May 20, 2020

Abstract

As states begin to loosen their COVID-19 restrictions, public debate is underway about what public health measures are appropriate. Many states have some form of mask-wearing orders to prevent the spread of COVID-19 infection. Public health guidance from the Centers for Disease Control and Prevention and the World Health Organization has conflicted. From a public health point of view, it is not clear what the right answer is. In the absence of directives, individuals are also making their own choices about mask use. At a time when public health measures, like shelter-in-place orders and social distancing, are being used to stop the spread of coronavirus, wearing masks can be seen as a form of solidarity and desire to not infect others. Similarly, not wearing a mask can also be a political statement of sorts. Additionally, black men wearing masks have reported being asked to leave stores and fearing for their own safety. This essay provides an overview of the legal and policy landscape and focuses on the potential for policing against African Americans when mask mandates are in place. Despite the public health benefits of mask usage, due to mask mandates likely being enforced discriminatorily, we advise caution against mask mandates. Rather, we suggest ways to support mask use, such as normalizing their use via advertising and media buy-in.

Keywords: Masks, COVID, Social Distancing, Discrimination, Policing, Criminal Justice

JEL Classification: K14

Suggested Citation

Gatter, Robert A. and Mohapatra, Seema, COVID-19 and the Conundrum of Mask Requirements (May 20, 2020). Washington and Lee Law Review Online, May 2020., Saint Louis U. Legal Studies Research Paper No. 2020-07, Available at SSRN: https://ssrn.com/abstract=3606474

Robert A. Gatter (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

Seema Mohapatra

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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