Indiana Attorney General advises Holcomb’s mask mandate can’t create criminal penalty
Attorney General Curtis Hill today issued an advisory opinion directing that Governor Eric Holcomb should call a special legislative session to consider a statewide mask mandate rather than issuing an executive order to that effect.
“Scientists tell us that wearing face masks is an effective means of helping prevent the spread of the novel coronavirus that causes COVID-19,” Attorney General Hill said. “The wisdom of wearing masks — or of laws requiring such measures — is not the issue here. Rather, the issue is whether we are following the proper and constitutional processes for enacting laws and whether we are respecting the distinct roles of each branch of state government.”
Executive orders have an important and legitimate function during times of emergency, Attorney General Hill added.
“But by this point in the pandemic — more than four months since the emergency declaration — it’s time to show some deference to the branch of government actually charged by our state constitution with the responsibility for enacting laws,” Attorney General Hill said.
The governor announced Wednesday afternoon that he would sign an executive order requiring masks to be worn statewide during specific times and in specific places starting July 27 and that failure to follow the order would be a Class B misdemeanor offense. The Office of the Attorney General received several inquiries from legislators and constituents regarding the proposed order.
Before a certain conduct is determined to be subject to a criminal penalty, it should receive considerable debate by the legislative body that represents the people of the state, Attorney General Hill said.
Indiana Senator Mark Messmer stated on his Facebook page that he was one of the legislators who reached out to the AG about the legality of the governor’s executive order.
“I was one of five senators that requested an Advisory Opinion from the Indiana Attorney General regarding the announcement yesterday that the Governor is ordering a mandate to wear masks in public, punishable as a criminal offense with up to 180 days in jail,” Messmer stated. “The Attorney General’s Advisory Opinion that confirms what I thought was correct. The governor does not have the constitutional authority to create a criminal offense by executive order. He needs to call the General Assembly into session if he wants that law considered.”
We updated this story with the correct spelling of the senator’s name. The editor has a friend named Messmore and didn’t notice the misspelling. He also regularly meets with the senator’s mother to take a photo of the Daughters of the American Revolution displays she helps put together in the county’s libraries and hopes he did not offend her with the misspellings.
AG Hill is correct. Only sane one in Indianapolis! The fear monger if media is destroying this country for their agenda by controlling our elected officials. They are bullies and we have wimps for politicians!
Those who don’t wear masks are putting others’ health and lives at risk. People who are just trying to go about their day. People who are keeping the economy afloat. It is a sad statement that our Gov had to do this, but, at this point, it is the responsible thing to do. I applaud his courage as a leader!
Holcomb is no leader. He is a FOLLOWER. Governors from all of the states surrounding Indiana have imposed mask mandates, so Comrade Holcomb has to yell “Me too! Me too!” and join in.
AG Hill is correct, Holcomb is not a dictator and needs to follow the rule of law. But it’s easy for him to make proclamations from his throne in Indianapolis when there are so many willing sheeple out there who will blindly follow Dear Leader without questioning his authority.
In mere MONTHS, the United States has gone from a so-called “free” country to socialism because of a virus. And hardly anyone complains! Instead, all I see is “Oooooh, wear a MAAASSSKKK!! Wear a MAAASSSKKK!!! Because (insert name of wannabe dictator here) said so!!!”
(And why are riots/”protests” mask optional and that is OK? And why does no one ask that question?)
Someone who identified as “J.C.B.” (not me) posted a wonderful comment in the article on this subject at the Indianapolis Business Journal website last night. J.C.B.’s comment should be required reading for all Hoosiers, whether you agree or not – if nothing else, it should make you stop and THINK.
https://www.ibj.com/articles/attorney-general-holcomb-has-no-authority-to-enforce-statewide-mask-mandate?utm_source=breaking-news&utm_medium=newsletter&utm_campaign=2020-07-22
Those of you cheerleading Holcomb on will probably be first in line to vote for him in November, even though he’s already telegraphed his willingness to raise taxes even HIGHER if re-elected. You probably helped reward Braun with a U.S. Senate seat too, after he voted to increase your (and my) taxes in 2017 (gas tax, BMV fees, etc.). You’re just the kind of obedient follower that King Holcomb and his merry band of RINO IN GOPers want.
Notice how the “leader” of the State House, Speaker Huston, has said he sees no need to call a special session. Let the King do what he wants! (And all the sheeple said AMEN.)
And to be clear: I do not have a problem with businesses that mandate the wearing of masks. I DO, however, have a problem with the wannabe dictator “governor” threatening me with fines/imprisonment for not wearing a mask…especially when he does not have the authority to legislate as AG Hill has correctly stated in his opinion. Kudos to Mark Messmer and the other state senators for having the fortitude to seek AG Hill’s opinion.
Yes, everyone you don’t like is a communist.
Somehow a newly socialist country rewards the mega corps of the land? That doesn’t really add up.
Also lol at RINO still being used as an insult. There are no more Republicans. They’ve either dropped all pretenses and are now “blue dog” democrats or “centrists” Otherwise they have become full blown Trump cultists or who want a piece of Trumps great scam.
This is one of the few positive things that I have seen happen in the last 6 months. Its not often you see a politician calling for level level headed reason. Its also rare that one would even suggest that we follow the established constitutional processes. Thank you Mark Messmore for having respect for the law.
Obviously the correct action by the governor would have been to make masks mandatory in public as soon as the CDC made the recommendation. Since that ship has sailed, why not make it a civil infraction, same as not wearing seatbelt, speeding or texting while driving. That way there is no “criminal” penalty or jail time, but a fine similar in amount to the above mentioned infractions.
So sad and unfortunate mask wearing has to even be an issue, especially now that Dubois County is a “hot spot” and has the highest rate per capita of new cases in the whole state of Indiana.
Oh here we go JUST MASK UP, SAVE PEOPLE FROM GETTING SICK OR EVEN DYING. EVERYONe HAS TO BRING POLITICAL, JUST PUT IT ON
Wow!? Thank you Mark Messmer and others!! We are not criminals if we choose not to wear a mask ?. We are supposed to have freedom of choice and freedom of voice! Kinda hard to use your voice with a mask on!! I get it that there is a bad virus! But I still say wash those hands and keep you hands away from your mouth ? nose? and eyes ? The putting on of masks makes you have to touch your face! Im afraid it will continue the spread!! I wish stores wd go back to cleaning the carts!!
Criminalizing not wearing a mask? The police aren’t even wearing masks. And how will the police enforce anything after the violent mobs decide that our politicians must defund them? Gov. Holcomb has made our choice for us to live in fear. I would like to thank all of those who choose to stand up to this liberal lawlessness and challenge his useless executive order. And yes JK, Kevin Bacon was in the film “Footloose”.
I’m not sure why you keep treating the Footloose thing as an “I win all arguments” button. I think you heard some right wing talking head say it at one point and now you just regurgitate it whenever you feel like to think you are witty.
I actually agree that enforcing criminal penalties for non-mask wearing would be impossible and not worth the blow back. But it’s not the Mark of the Beast. Its a symbolic act of exasperation.
Found anymore addresses?
Do we wear seat belts? Do we wear shoes in public? Glad these no-maskers weren’t around in World War II. That involved way too much sacrifice!
This is a war against a ruthless, unseen enemy.
Stop the stupidity and show a little concern for other people.
Brian G Ferrell, Jasper
I thought the snowflakes were the ones that cried about everything and then made it impossible to get anything done because they wanted to take everything to court?
Some people just don’t want to save lives I guess. It is your choice. Like getting an abortion. I take it all the anti maskers for killing unborns?
Man, American has never been so great. We need 4 more years of this.
I don’t think anyone has an issue wearing the mask, it’s more about how it’s being done. If it’s going to be mandatory, then follow the rules necessary to make it a criminal law.
If people didn’t have a problem with it we wouldn’t have to mandate.
Wayne you are wrong just because I dont feel like it should be a mandate to wear a mask or get a criminal charge. Does not mean I’m a baby killer! I don’t believe in abortion!!