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The latest news about the novel coronavirus and COVID-19 in Montana.

Judge: State Didn’t Prove Flathead County Businesses Violated Mask Directive

Masks can help slow the spread of COVID-19 from people who don't yet know they have it, according to the Centers for Disease Control.
Montana Disaster and Emergency Services
Masks can help slow the spread of COVID-19 from people who don't yet know they have it, according to the Centers for Disease Control.

A Flathead County District Court judge Thursday denied the state’s request for a temporary restraining order against five businesses alleged to have violated Gov. Steve Bullock’s mask directive.

In late October, the state brought five cases against bars, restaurants, casinos and convenience stores in Flathead County. Several complaints were filed with health officials about the businesses, and the county attorney declined to prosecute the cases. The state asked the court to enact restraining orders against the businesses, arguing they weren’t following the state’s mask directive. 

Judge Dan Willson said the state’s photos of maskless customers and employees weren’t enough evidence to shut down the businesses, because state inspectors didn’t ask those people whether they fell under a health exemption. 

"I believe I would be engaging both cynicism and speculation, which in my view are the twin pillars of defective judicial findings, and I decline the state’s invitation to engage in that undertaking," Wilson said.

Some of the businesses testified that they did not ask employees to wear masks for fear that they would quit, and some said they didn’t ask customers to wear masks for fear they would become violent.

Judge Wilson said the businesses made reasonable efforts to comply with the state directive by providing signage and providing masks to both customers and employees who wished to wear them. 

Aaron graduated from the University of Minnesota School of Journalism in 2015 after interning at Minnesota Public Radio. He landed his first reporting gig in Wrangell, Alaska where he enjoyed the remote Alaskan lifestyle and eventually moved back to the road system as the KBBI News Director in Homer, Alaska. He joined the MTPR team in 2019. Aaron now reports on all things in northwest Montana and statewide health care.
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