Governor Sununu issued Emergency Order #74 (the “Order”) on November 19, 2020 mandating the wearing of masks or cloth face coverings in indoor and outdoor public spaces where individuals are unable to or inconsistently maintain a physical distance of six feet from persons outside their own household. The order takes effect on November 19, 2020. Relevant portions of the Order are summarized below:
- All persons over the age of 5 in the State of New Hampshire are covered by the Order.
- “Public spaces” includes any part of public or private property that is generally accessible to the public including lobbies, waiting areas, restaurants, retail businesses, streets, beaches, parks, elevators, restrooms, and parking areas.
- Municipalities are free to enact ordinances which are stricter than the Order.
- The Order does not override any provision of industry specific guidance related to face coverings referenced in Emergency Order #52. Where there is a conflict, the industry specific guidance controls.