On Monday, December 13, 2021, Governor Gavin Newsom and the California Department of Public Health announced a renewed mask mandate for all indoor settings. The new mandate requires that face coverings be worn by all individuals in public settings, irrespective of vaccine status, from December 15, 2021, through January 15, 2022.
The new mandate is in response to a rise in new cases of COVID-19—in particular, a 47% increase statewide in the past two weeks—confirmation that the Omicron variant is spreading in California, and a concern that holiday travel and gatherings will inevitably lead to higher rates of infection. State officials believe earlier mask mandates helped check the rates of new infections and are hopeful reintroducing the mandate will do the same during this holiday season. Indeed, California Health and Human Services Secretary Dr. Mark Ghaly said Monday, "This is a critical time where we have a tool that we know has worked and can work [again]." Dr. Ghaly also noted that the mandate is just for the holiday season and expressed optimism that "most people" will understand that the purpose is to protect Californians and their communities during what could be "a very tough time." The Department of Public Health plans to reevaluate the need for the indoor mask requirements before the Order in January.
Nothing in the Order prevents local governments from adopting more stringent requirements. In fact, several California counties, including Los Angeles, have maintained indoor mask mandates throughout much of the pandemic.
Governor Newsom has called on Californians to comply voluntarily with COVID-19 health and safety precautions throughout the health emergency, and this Order appears to be in the same mold. There are no formal enforcement mechanisms imposed, and the Order does not prescribe penalties (either for individuals or establishments) for failures to comply.
In addition to the mask mandate, the new Order also implements stricter requirements for "megaevents" with over 1,000 (indoor) or 10,000 (outdoor) attendees. Attendees will be required to provide proof of vaccination, a negative antigen COVID-19 test within one day of the event or a negative polymerase chain reaction (PCR) test within two days of the event. The Order also institutes a new recommendation that all travelers arriving in California test for COVID-19 within three to five days after arrival, regardless of their vaccination status.
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