Minnesota Voters Challenge Mask Mandate For 2020 Election

The Minnesota Voters Alliance has been joined by five Minnesota residents in filing a lawsuit against Governor Tim Waltz and other state governor officials. The lawsuit asserts that Governor Waltz’s order requiring masks in businesses and public spaces to prevent the spread of the coronavirus represents a contradiction to an earlier law banning masks in public spaces and, inso doing, violates the United States Constitution.

According to the plaintiffs, Governor Waltz’s executive order requiring masks leaves Minnesota voters with an impossible choice. Allegedly, both wearing a mask and not wearing a mask are prohibited in the state. This problem supposedly becomes increasingly challenging as the state primaries occur. They say that voters who are in violation of the law whether or not they wear a mask will likely be deterred from participating in the upcoming election which will, in turn, violate their First Amendment rights to have a voice in elections. 

The voters argue that the concern and fear generated by the mask requirement “risks chilling [citizens’] constitutionally protected political speech, even if nobody is ever prosecuted” for violating the order. In their eyes, many people would not vote out of fear for being punished for breaking a law or violating the executive order, either by wearing a mask or not wearing a mask.

In their 2020 election COVID-19 mask order lawsuit, the Minnesota voters stress that they do not aim to debate the benefits or detriments of wearing a mask from a scientific or medical standpoint. Rather, they say that they take issue with the legal contradictions created by the new order and with what they say is an abuse of power by the state’s governor.

The Minnesota voters provide background to their complaint, noting that, since 1963, Minnesota has prohibited wearing face coverings in public. The law reportedly made several exceptions, allowing face coverings “based on religious beliefs, or incidental to amusement, entertainment, protection from weather, or medical treatment.” Reportedly, that law criminalized wearing a face mask in public. Those found in violation of the law could be fined up to $1,000, say the Minnesota voters.

The voters go on to explain that, in stark contrast to this existing law, Governor Waltz implemented an executive order on June 22, 2020 that required Minnesotans to wear face coverings “in indoor businesses and indoor public settings.” Reportedly, this executive order deemed it a criminal petty misdemeanor to not wear a mask in the required settings.

Any adult, non-student individual in violation of the order would be found guilty of a petty misdemeanor and fined up to $100. Businesses reportedly faced steeper penalties and could be found guilty of a misdemeanor, fined up to $1,000, or imprisoned for up to 90 days.

In the eyes of the voters, the new executive order conflicts with the previous law because the required mask wearing does not fall into any of the permitted categories. They argue that as mask-wearing to prevent or slow the spread of COVID-19 is a preventative measure, it does not constitute medical treatment. They explain that “medical treatment is commonly defined as ‘the management and care of a patient for the purpose of combating disease, injury, or disorder.’”

ABC 5, KSTP Eyewitness News reports that a spokesperson for Governor Waltz addressed the concerns that the new order conflicted with the existing law. He stated that the governor’s legal counsel made sure that the new executive order stated that wearing a mask in compliance with the order would not be a violation of the existing state law. 

Minnesota Attorney General Keith Ellison, named as one of the defendants in the Minnesota voters 2020 election mask order lawsuit, has asserted that the law is not a constitutional violation or an overuse of gubernatorial power, as the Minnesota voters complained. Attorney General Ellison says that he and his office “review every executive order for its compliance with the law and state and federal constitutions,” and states that he supports the mask mandate. 

In addition to Governor Waltz and Attorney General Ellison, the Minnesota voters COVID-19 mask order class action lawsuit names other officials as defendants. These include Minnesota Secretary of State Steve Simon, Hennepin County Auditor Mark V. Chapin, Ramsey County Auditor Christopher A. Samuel, Hennepin County Attorney Mike Freeman, and Ramsey County Attorney John Choi. The voters assert that, in their official capacities, these officials should be held liable for the issues allegedly associated with the mask ban. 

Does your state have a COVID-19 mask requirement? Tell us in the comments below.

The Minnesota Voters Alliance and the Minnesota voters are represented by Erick G. Kaardal of Mohrman, Kaardal, & Erickson PA.

The Minnesota Voters 2020 Election COVID-19 Mask Order Lawsuit is Minnesota Voters Alliance, et al. v. Tim Waltz, et al., Case No. 0:20-cv-01688-PJS-KMM, in the United States District Court for the District of Minnesota.

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