This office has been asked several times, where we stand, since the governor made his first statement in regards to the mask mandate. We are aware of what was recently signed, but wanted to answer any questions that the public may have for the future
On March 6th, 2020 a public health emergency was declared for the State of Indiana and has been extended four times. On July 22nd, 2020 the Governor announced he was going to sign an executive order making it a criminal offense not to wear a mask at certain times and locations, for anyone 8 years and older, punishable by up to $1,000 in fines and up to 180 days in jail.
Regardless of any opinion of masks or their impact on COVID 19 good or bad, we must not deviate from the documents which protect our freedoms and liberties. We must guard them at all costs. The men and women of the Huntington County Sheriff’s Office will NOT be enforcing the mask mandate and will consider it null and void if passed.
As your elected Sheriff of Huntington County, one of my primary concern and responsibility is to protect the constitutional rights of the citizens. I took an oath to uphold the constitution of the United States and the State of Indiana. I will always do this to the best of my ability.
The announced order has not been introduced as a bill in the General Assembly and our legislators are not in session. The General Assembly could be called into session by the Governor if the “public welfare shall require it,” but this critical step has not taken place. Indiana’s Attorney General has issued an opinion in which he believes this to be unconstitutional. I strongly concur with this opinion.
Here are some pertinent excerpts from the Indiana Constitution.
Article III, Section 1, The powers of the Government are divided into three separate departments; the Legislative, the Executive including the Administrative, and the Judicial: and no person, charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided.
Article IV, Section 1, The Legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives. The style of every law shall be: “Be it enacted by the General Assembly of the State of Indiana”; and no law shall be enacted, except by bill.
Article IV, Section 9, The sessions of the General Assembly shall be held at the capitol of the State, commencing on the Tuesday next after the second Monday in January of each year in which the General Assembly meets unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may, at any time by proclamation, call a special session. The length and frequency of the sessions of the General Assembly shall be fixed by law.
Attorney General’s Opinion: https://calendarmedia.blob.core.windows.net/assets/6a6ada13-15d1-42a4-8f6f-5bdf2a36d8dd.pdf
Thank you,
Sheriff Chris Newton