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Volume XI, Number 268

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Louisiana Governor Reinstates Statewide Mask Mandate Effective August 4, 2021, Following New Orleans Mask Mandate

On August 2, 2021, Louisiana Governor John Bel Edwards issued Proclamation Number 137 JBE 2021, reinstating a statewide mask mandate that requires all individuals, regardless of vaccination status, to wear masks “when indoors, in any place outside of a private residence.” The mandate will become effective on Wednesday, August 4, 2021.

The indoor mask mandate contains several well-known exceptions, including situations where an individual will not come in contact with others (e.g., working in an office) or will be able to maintain physical distance of at least six feet from other people; any child under the age of five not enrolled in a kindergarten [sic] program; any individual while consuming food or drinks; or any individual with a medical condition that prevents the person from wearing a mask. The proclamation permits trespassing laws to be enforced against “a worker, customer, or patron” who refuses to wear a mask and “enters the premises or refuses to leave the premises.” The proclamation also allows local authorities and “private businesses” to implement more restrictive measures. Finally, Governor Edwards’ order adopted the U.S. Centers for Disease Control and Prevention guidance dated January 29, 2021, that mandated face masks for all passengers and operators of public transportation. The mask requirement does not apply to individuals when outdoors.

The governor’s action closely followed the mandate issued by New Orleans Mayor LaToya Cantrell on July 30, 2021, requiring masks for individuals who are indoors with “people who are not members of their immediate household.” The mayor also ordered City of New Orleans employees and employees of city contractors to get vaccinated.

© 2021, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 215
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About this Author

Andrew P. Burnside, Ogletree Deakins, Employment Law Matters Lawyer, Trade Secrets Attorney
Shareholder

Drew Burnside represents employers in federal and state courts, as well as federal and state administrative agencies, in employment law matters. Drew is admitted in Louisiana and Texas.

Drew has received an “AV” Preeminent Peer Review Rating by Martindale-Hubbell and was on the editorial board of Tulane Maritime Law Journal at Tulane University. He is a chapter editor of and contributing author to The Family and Medical Leave Act treatise, published by BNA. Drew also was contributing author to The Developing Labor Law (3rd ed. BNA).

...
504-648-2609
Ellen Rains, Ogletree Deakins Law Firm, New Orleans, Labor and Employment Law Attorney
Associate

Ellen’s practice focuses on representing employers in a variety of employment law matters. A skilled litigator, Ellen devotes a substantial amount of her practice to employment litigation. She defends employers in administrative proceedings before the EEOC and other government agencies, and in litigation at the state and federal court level with respect to employment discrimination, harassment, and retaliation claims, as well as restrictive covenant, wage and hour, and other contract- and tort-based actions. Ellen Rains is a member of the employment law, higher education...

504-648-3840
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