Friends the, what seems like the inevitable has happened again, a masking mandate has gone into effect as of December 13th. I have received many questions and have researched from the best source that I could the State of New York Health Department Website. I have included as my newsletter today excerpts from their frequently asked questions.
What is the new requirement?
On December 10, 2021, Governor Kathy Hochul announced masks will be required to be worn in all indoor public places unless businesses or venues implement a vaccine requirement.
Indoor public place is defined as any indoor space that is not a private residence. This means businesses and venues New Yorkers typically frequent that are either publicly owned or owned by private business entities. This includes indoor entertainment venues, concert halls, indoor sports stadiums, recreational spaces, restaurants, office buildings, shopping centers, grocery stores, pharmacies, houses of worship and common areas in residential buildings.
What about private events held at a public indoor space, such as a wedding hosted at a restaurant or venue?
Private residences are not included. However, for private events held indoors at a business or venue—for example, a wedding taking place at a privately-owned restaurant or venue—the business entity/venue must require masking or proof of vaccination as a condition of entry.
What exactly are the requirements?
Any person, past their second birthday and medically able to tolerate a face covering, must wear an appropriate mask while in any indoor place, regardless of vaccination status. However, businesses and venues can choose to implement a vaccination requirement, requiring proof of vaccination as a condition of entry inside the business or venue. Whichever requirement is selected, it must apply to all within the business/venue’s capacity, including staff, patrons, visitors, and guests. A business and venue cannot do a “combination” requirement.
Business/Venue Proof of Vaccination Requirement
Businesses and venues that implement a proof of vaccination requirement must ensure that anyone 12 years of age or older is fully vaccinated before entering indoors. Businesses/venues can accept Excelsior Pass, Excelsior Pass Plus, SMART Health Cards issued outside of New York State, full-course vaccination through NYC COVID Safe app, a CDC Vaccination Card, or other official immunization record.
In accordance with CDC's definition, fully vaccinated is defined as 14 days past an individual's last vaccination dose in their initial vaccine series (14 days past the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; 14 days past the one-shot Janssen/Johnson & Johnson vaccine). The State also accepts WHO-approved vaccines for these purposes. Parents and guardians can retrieve and store an Excelsior Pass and/or Excelsior Pass Plus for children or minors under legal guardianship.
Vaccines for children ages 5-11 have only been available since November 2021. Therefore, in order to enter a business or venue that implements a proof of vaccination requirement, children ages 5 – 11 only have to show proof of having had at least one dose of the COVID-19 vaccination.
Vaccines have been available for 16–17-year-olds since April 2021 and for 12-15-year-olds since May 2021. At the time of the determination, 63% of the 12-17 age group has been fully vaccinated in New York State.
Business/Venue Mask-Wearing Requirement
Businesses and venues that implement a mask requirement must ensure all patrons past their second birthday and medically able to tolerate a face covering wear a mask at all times while indoors, outside of physical eating or drinking.
Can a business or venue “mix and match”? For example, can a business or venue allow fully vaccinated patrons to be unmasked, but unvaccinated or partially vaccinated patrons to wear masks in the same indoor facility? What about allowing patrons to be unmasked when everyone in in the facility is fully vaccinated, but asking everyone in the facility to wear a mask when someone who is unvaccinated or partially vaccinated enters?
No. A business or venue must choose whether it will implement a full-course vaccine requirement or a mask requirement, which applies to both patrons and employees and then must be followed in its entirety throughout the facility at all times each day.
If eating or drinking is a part of my business or venue establishment, and I have a mask requirement in place, what am I supposed to do when guests are eating or drinking?
Patrons of your establishment can remove their masks only while they are actively eating or drinking, at which time appropriate social distancing measures, proper air ventilation, and filtration methods are highly recommended. Masks should be worn in all other instances outside of physical eating or drinking.
How will these requirements be enforced?
It is our expectation that New Yorkers will understand the importance of following this requirement as we enter this holiday season where a surge in cases is expected. Enforcement will be done by the local health departments, and the maximum civil penalty is a $1,000 fine.
Who could receive the fine, the business or venue, or an individual in violation of the requirements?
Pursuant to regulation, individuals or business/venue entities that violate the determination are subject to a maximum fine of $1,000 for each violation. Local health departments can enforce these requirements.
What is considered fully vaccinated?
In accordance with CDC's definition of fully vaccinated, full-course vaccination is defined as 14 days past an individual's last vaccination dose in their initial vaccine series. This means an individual is 14 days past the second shot of the two-dose Pfizer-BioNTech or Moderna COVID-19 vaccine or 14 days past the one-shot Janssen/Johnson & Johnson COVID-19 vaccine.
Friends I hope that this information helps, I am not in love with the mandate, although I do understand something must be done. We can still be the church, there is no requirement to shut down, lets move forward, but differently, safer, loving all. Have a Blessed Christmas and again if I can help navigate through these waters please reach out to me.
Mike
