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Wednesday, Jul 15, 2020

Do California sheriffs have the authority not to enforce Gov. Newsom’s face mask order?

Mikayla Campbell, Gigafact Foundry
yes

Because sheriffs are an elected position with dual local and state responsibility, they are uniquely positioned to be independent decision-makers. "I'm not sure that there is another office that is a common office that has anywhere like the level of autonomy that sheriffs have," said Mirya Holman, a scholar of sheriff's practices.

In California, after Gov. Gavin Newsom issued a mask-wearing mandate, the Sacramento County Sheriff’s Office stated that it didn't plan to criminally enforce the order, citing both the “minor nature of the offense” and the “potential for negative outcomes during enforcement encounters.” Other counties followed suit. Newsom later said that he didn't want to see the order punitively enforced.

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