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Not wearing a mask can be a $500 fine, but police focus on education first

"A misdemeanor and $500 fine? Who wants to go through that?"

GRAND RAPIDS, Mich. — Gov. Gretchen Whitmer ordered that masks are required to be worn in indoor public spaces and crowded outdoor spaces, and Monday businesses are now required to deny entry to people who aren't wearing masks. 

The executive order allows law enforcement to cite those not in compliance with a misdemeanor and possible $500 criminal penalty. 

However, local law enforcement hope a situation will not come to that. 

"We’re hoping people voluntarily comply with orders," said Lt. David Cope with Michigan State Police. "If we come to a situation where someone is not, or not familiar with the order, our response is simply to try to educate and ensure compliance through education."

If the person still does not comply after the educational approach, he or she could face the fine. Cope said at a point of no compliance, then they would "work with the prosecuting office or attorney general's office to possibly issue a fine."

While police have the ability to issue the citation, it will be handled by a complaint situation. 

RELATED: Michiganders required to wear masks in indoor public spaces or face $500 fine, Whitmer order says

"Our officers, our department, does not have the capacity to actively enforce who is wearing or not wearing a mask," said Raul Alvarez, spokesperson for the City of Grand Rapids talking about the Grand Rapids Police Department. "But of course we’ll respond to any complaints that comes in about violations."

The order also requires businesses to refuse entry or service to people who aren't wearing a face covering. That is unless they are medically unable to do so. 

This portion of the order has some small businesses worried about the confrontations. 

"I'm very concerned though for our members and their employees who have to enforce these at a time when it seems things are so tense out there in the general public," said Brian Calley, the president of the Michigan Small Business Associatio. "We understand requirement for the mask. Disappointed and concerned for members and the safety of their employees when they’re trying to enforce it."

Brian Calley on the mask mandate: 

Cope said the portion of the order about an exemption for those medically unable to wear a mask will need to be taken on a case-by-case basis. However, that's the part that concerns Calley, who said there is no way for business owners to verify the person's conditions. 

"So when a business asks, and a person says they are medically unable to wear it, the businesses really does just have to take their word for it," he said.

Cope suggested the responding party or business would probably ask more questions to get more details on why someone was not wearing a mask. 

"I’d suspect after gathering some information, one could reasonably conclude if there is a medical necessity to not wear a mask," said Cope. 

Meijer issued a statement about their compliance with the executive order:

"As required by Michigan Governor Gretchen Whitmer, all Meijer customers must now wear a face covering or face mask when shopping at any Meijer store or Meijer Express station in Michigan. We understand that some customers have medical conditions that prevent them from wearing face coverings, and we will follow the Governor’s latest order on who is exempt from this requirement. We also encourage customers to consider using Meijer Home Delivery or Curbside pick-up as options for their shopping needs."

RELATED: West Michigan businesses work to enforce mask policy as requirements tighten

The Kent County Sheriff's Office also released a statement about their handling of the executive order. As with Michigan State Police and Grand Rapids Police Department, the office is taking a similar educational first approach. 

"Nothing has changed from how we have handled the previous executive orders," said a statement provided by the Kent County Sheriff's Office. "Our agency has and will continue to take an education over enforcement approach for all potential violations of the executive order that are reported to us. We will respond to and investigate the complaint, and will educate all parties involved and seek compliance first. We are directing all residents to contact MIOSHA for all complaints pertaining to businesses that are either non-compliant or not enforcing the executive order. The number is (855)-723-3219 and is answered Monday through Friday 8 a.m. to 4 p.m."

RELATED: Meijer: All customers must wear a face covering or mask in stores

Alvarez said the ability to enforce the latest executive order shows how serious it means to the safety of the community and minimizing the spread of COVID-19.

"Law enforcement is empowered to offer a citation," said Alvarez. "A Misdemeanor and $500 fine? Who wants to go through that?"

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