Utah’s K-12 students and staff can be charged with a misdemeanor if they don’t wear face coverings while in school as required by the governor’s order.
Gov. Gary Herbert’s office on Wednesday confirmed the penalty, but also said it is up to school administrators to decide whether to press criminal charges on those who defy the mask mandate without a legitimate medical exemption.
The charge for the violator, including those in kindergarten, would be a class B misdemeanor punishable up to six months in jail and a fine up to $1,000—the same level of punishment for any violation of a public health order under Utah state law.
The primary reasoning behind the penalty is to keep teachers safe when schools reopen amid the ongoing pandemic, Lehnardt said.
Herbert, who declined to impose a statewide face covering mandate, ordered in July that all students, teachers, staff, and visitors must wear a mask while in a school building or on school buses. The order, which goes into effect this month, applies to all of Utah’s 41 public school districts as well as public charters.
Herbert added that parents who do not want their children to comply with his mask mandate when returning to school are “a little bit irrational.”
“I think these same people might get on an airplane and say they’re not going to fasten their seat belts,” he said. “And they may be invited to get off the plane if that’s the case.”
Some state lawmakers have pushed back against Herbert’s mask order, arguing that it is overly restrictive.