Bullock used to be a reasonable Democrat. He is running for Senate. Sounds like he joined the "Boys" club

Official Paper: https://covid19.mt.gov/Portals/223/Documents/Mask%20Directive%20FINAL.pdf?ver=2020-07-15-140109-63

OFFICE OF THE GOVERNOR
STATE OF MONTANA
STEVE BULLOCK MIKE COONEY
GOVERNOR LT. GOVERNOR
TO: Montanans; all officers and agencies of the State of Montana
FROM: Governor Steve Bullock
DATE: July 15, 2020
RE: Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the

mandatory use of face coverings in certain settings
Executive Orders 2-2020 and 3-2020 declare that a state of emergency exists in Montana due to the
global outbreak of COVID-19 Novel Coronavirus.
The legislature has delegated to the Governor authority to respond to emergencies. During a declared
state of emergency, the Governor may “control ingress and egress to and from an incident or
emergency or disaster area, the movement of persons within the area, and the occupancy of premises
within the area.” Section 10-3-104(2)(c), MCA. In responding to the emergency, the Governor “shall
use the services and facilities of the existing officers and agencies of the state, and all officers and
agencies shall cooperate with and extend their services and facilities to the governor as the governor
may request in the carrying out of the purposes of” the emergency response statutes. Section 10-3-
305(2).
In addition, the Department of Public Health and Human Services (DPHHS or Department), acting
under the Governor’s direction, may “issue written orders for correction” of “conditions of public
health importance” through measures including “isolation and quarantine” and “abatement of public
health nuisances.” Section 50-1-202, MCA. A condition of public health importance includes any
“disease . . . that is identifiable on an individual or community level and that can reasonably be
expected to lead to adverse health effects in the community.” Section 50-1-101(2), MCA. The
Department, under the Governor’s direction, may take action to correct public health deficiencies in
“buildings or facilities where persons assemble.” Section 50-1-203, MCA. The Department, under the
Governor’s direction, may also impose quarantine and isolation measures to protect public health.
Section 50-1-204, MCA. Montana law provides that these authorities will be utilized to respond to an
“outbreak of disease,” § 10-3-103(4), MCA, and to “limit the transmission of the communicable
disease,” see, e.g., § 50-1-101(6), MCA.
COVID-19 is an easily transmissible, potentially fatal respiratory illness that spreads in the air through
droplets from infected persons. COVID-19 is transmissible even by individuals who are not currently
showing symptoms of the disease and who do not know they are infected. Use of a fabric covering
over the mouth and nose, however, is an effective means of limiting the potential for transmission to
others by both symptomatic and asymptomatic individuals infected with the virus. Recent research
suggests that universal use of face coverings in enclosed public spaces would substantially reduce the
spread of COVID-19. A recent economic analysis from Goldman Sachs found universal face covering
usage to be a potentially effective substitute for business closures. Based on these considerations,
many major retailers and state and local governments have recently adopted measures to encourage or
July 15, 2020
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mandate the use of face coverings.
COVID-19 has led to a once-in-a-century pandemic. More than 3.2 million Americans have been
infected, and more than 135,000 have died. In the last month, active cases in Montana have risen from
55 to over 1,000. Too many Montanans continue to congregate in large gatherings where a single
person can spread COVID-19 to many others; and too few are wearing face coverings in public
settings. Inability to control the spread of COVID-19 endangers vulnerable Montanans, businesses
who want to keep their doors open, and hospitals who need the capacity to treat both COVID-19
patients and all others needing medical care.
My first duty is to ensure the health and wellbeing of all Montanans. Epidemics of dangerous diseases
have been a threat to Americans throughout history. As a result, since the earliest days of this nation,
the United States Supreme Court and Montana Supreme Court have recognized the State’s authority to
impose quarantines, mandatory vaccination orders, and other public health measures to prevent the
spread of contagion. Compared to these measures, the use of face coverings is a modest imposition
that can do a great deal to keep Montanans safe and Montana businesses open. Accordingly, I have
determined that, in response to the emergency, it is necessary to require face coverings in certain
settings to prevent the spread of communicable disease in counties currently experiencing four or more
active cases. I strongly encourage Montanans in counties with fewer than four cases to wear face
coverings as well.
Therefore, in accordance with the authority vested in me under the Constitution, Article VI, Sections 4
and 13, and the laws of the State of Montana, Title 10, Chapter 3 and Title 50, Chapter 1, MCA, and
other applicable provisions of the Constitution and Montana law, I hereby direct the following
measures be in place in the State of Montana, effective immediately:
1. Definitions
As used in this Directive, the following terms have the following meanings:
• “Business” means any for-profit or non-profit entity which has employees or volunteers. The
term “business” includes, but is not limited to, retail stores, grocery stores, food and beverage
establishments, public lodging, personal care providers, medical providers, pharmacies, gyms,
pools, fitness services, museums and theaters, indoor recreational or entertainment facilities, gas
stations, repair and service providers, non-profit organizations, realty services, legal services,
transportation services, and ride sharing services.
• “Government office” means any office of any department, agency, or political subdivision of the
State of Montana.
• “Face covering” means a fabric, paper, or disposable face covering that covers the nose and
mouth and which does not have an exhalation valve. The term “face covering” includes face
shields.
• “Indoor space open to the public” means any indoor space, whether publicly or privately owned,
where the public has access by right or invitation, express or implied, whether by payment of
money or not. In addition, “indoor spaces open to the public” include, but are not limited to,
July 15, 2020
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lobbies, common areas, elevators, bathrooms, meeting rooms, or other spaces where people
gather. The term includes all modes of public or commercial transportation. The term does not
include private residences not open to the public.
• “Organized outdoor activity” means any gathering of 50 or more people for an activity or event
organized or sponsored by a business or person, or that takes place on the property of a business
or person. This includes, but is not limited to, outdoor theatrical or music performances, fairs,
markets, festivals, parades, carnivals, rodeos, sporting or athletic events, beer gardens, weddings
and receptions, or parties.
• “Sponsor” means any business or person who organizes or sponsors an organized outdoor
activity, or who allows the activity to take place on their property.
2. Face Covering Requirement in Indoor Spaces Open to the Public.
• Except as provided in section 4 of this Directive, all businesses, government offices, or other
persons responsible for indoor spaces open to the public shall require and take reasonable
measures to ensure that all employees, contractors, volunteers, customers, or other members of
the public wear a face covering that covers their mouth and nose at all times while entering or
remaining in any indoor spaces open to the public.
o Face coverings shall be provided for all employees and volunteers.
o All points of entry open to the public shall have a clearly visible sign posted stating:
“Mask or face covering use required for ages five and older.”
• The provisions of this Directive apply only to counties in which there are four or more confirmed
and active COVID-19 cases, and only during the time in which there are four or more active
cases. However, Montanans in counties with three or fewer active cases are strongly encouraged
to wear face coverings.
3. Face Covering Requirements for Certain Organized Outdoor Activities
• Except as provided in section 4 of the Directive, for any organized outdoor activity where social
distancing is not possible or is not observed, sponsors shall require and take reasonable measures
to ensure that all persons attending an organized outdoor activity wear a face covering that
covers their mouth and nose at all times.
• This section applies only where the nature of the organized outdoor activity makes it
impracticable for all attendees to maintain at least six feet of physical distance from each other,
or any organized outdoor activity where attendees are not observing at least six feet of physical
distance from others.
• At all outdoor gatherings of 50 or more people, whether or not it constitutes an organized
outdoor activities, all individuals except those covered by section 4 of this Directive are required
to wear face coverings while in attendance where it is impracticable to maintain six feet of
physical distance at all times, or whether attendees are not observing at least six feet of physical
distance from others.
July 15, 2020
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• The provisions of this Directive apply only to counties in which there are four or more confirmed
and active COVID-19 cases, and only during the time in which there are four or more active
cases. However, Montanans in counties with three or fewer active cases are strongly encouraged
to wear face coverings.
4. Exceptions
• Businesses, government offices, other persons responsible for indoor spaces open to the public,
and sponsors of organized outdoor activities are not required to ensure the following individuals
wear face coverings:
o children under the age of five. All children between the ages of two and four, however, are
strongly encouraged to wear a face covering in accordance with the provisions of this
Directive. Children under the age of two should not wear a face covering;
o persons consuming food or drinks in an establishment that offers food or drinks for sale;
o persons engaged in an activity that makes wearing a face covering impractical or unsafe,
such as strenuous physical exercise or swimming;
o persons seeking to communicate with someone who is hearing impaired;
o persons giving a speech or engaging in an artistic, cultural, musical, or theatrical
performance for an audience, provided the audience is separated by at least six feet of
distance;
o persons temporarily removing their face covering for identification purposes;
o persons required to remove face coverings for the purpose of receiving medical
evaluation, diagnosis, or treatment; or
o persons who have a medical condition precluding the safe wearing of a face covering.
• Businesses, government offices, persons responsible for indoor spaces open to the public, and
sponsors of organized outdoor activities should afford accommodations from the provisions of
this Directive to those who are entitled an accommodation under federal and state disability
protection laws, including the Americans with Disabilities Act (ADA) and the Montana Human
Rights Act, labor laws, or any other applicable law requiring accommodations in public
accommodations.
• Only those employees, volunteers, and contractors in public-facing work spaces are required to
wear face coverings as specified in this Directive.
5. Enforcement
• This Directive, along with any prior Directive that implements and references the public health
authorities of the Department of Public Health and Human Services (DPHHS) provided in Title
50, constitutes a “public health . . . order[]” within the meaning of § 50-1-103(2), MCA, and is
enforceable by the Attorney General, DPHHS, a county attorney, or other local authorities under
the direction of a county attorney.
• Local public health agencies are directed to assist in the administration of this Directive,
consistent with § 50-1-202(2)(a), MCA. All officers and agencies of the state are directed to assist
in the administration and enforcement of this Directive, consistent with § 10-3-305(2), MCA.
July 15, 2020
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• This Directive is enforceable only against businesses and other persons who are responsible for
indoor spaces open to the public, or sponsors of organized outdoor activities as defined in this
Directive.
• Local public health agencies and law enforcement should focus their enforcement of this
Directive on education, providing warnings and education about the risk of transmission, while
reserving the imposition of penalties, trespass enforcement, and other formal enforcement
mechanisms for only the most egregious, repeat violations that put the public at risk.
• Businesses, other persons responsible for indoor spaces open to the public, and sponsors of
organized outdoor activities may deny entry, refuse service, or ask to leave any person, except
those provided for in section 4 of this Directive, who refuse to wear a face covering. If such a
person refuses to wear a face covering and refuses to leave the premises, a peace officer may
enforce the State’s trespassing laws and any other laws the person may violate.
• Businesses, other persons responsible for indoor spaces open to the public, and sponsors of
organized outdoor activities are entitled to reasonably rely in good faith on the representations of
employees, volunteers, contractors, customers, visitors, or members of the public regarding the
applicability of the exceptions in section 4 of this Directive. Reasonable, good faith reliance on
such representations is an affirmative and complete defense to any enforcement proceedings
brought pursuant to this Directive.
6. Applicability
• In the interest of uniformity of laws and to prevent the spread of disease, all inconsistent local
government health ordinances or orders are preempted by this Directive, but only to the extent
they are less restrictive. Counties, cities, and towns may adopt more restrictive ordinances.
• To the limited extent any previous Directives are in direct conflict with the provisions of this
Directive, they are superseded. Otherwise, all prior Directives remain in full force and effect.
Authorities: Sections 10-3-104, -103, -302, and -305, MCA; §§ 50-1-202, -101, -203, and -204, MCA;
Executive Orders 2-2020 and 3-2020; Montana Constitution, Art. VI, Sections 4 and 13; and all other
applicable provisions of state and federal law.
Limitations
• This Directive is effective immediately and expires at the end of the declared state of
emergency in Executive Orders 2-2020 and 3-2020.
• This Directive shall be implemented consistent with applicable law and subject to the
availability of appropriations.
• If any provision of this Directive or its application to any person or circumstance is
held invalid by any court of competent jurisdiction, this invalidity does not affect any
other provision or application of this Directive, which can be given effect without the
invalid provision or application. To achieve this purpose, the provisions of this
Directive are declared to be severable.
• Nothing in this Directive shall be construed to limit, modify, or otherwise affect the authority
July 15, 2020
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granted by law to the Governor or any department, agency, political subdivision, officer, agent,
or employee of the State of Montana, except as provided in this Directive or other Directives
now in effect implementing Executive Orders 2-2020 and 3-2020.
• This Directive is not intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the State of Montana, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.