INDIANAPOLIS —
The question
Marion County announced Wednesday morning that its mask policy will be relaxed next month for people who are fully vaccinated. And the news comes one week after the CDC abruptly loosened its mask guidelines for those who’ve received the COVID-19 vaccine. But some businesses are still requiring masks anyway.
13News viewers have contacted our VERIFY team to ask if businesses are legally allowed to do that.
"The CDC eased the mask requirements for fully vaccinated people indoors and outdoors. Does this mean that businesses can still enforce a mask rule if you go to the store?" asked viewer Charla.
Our sources
The CDC, the Indiana Chamber of Commerce and multiple companies doing business in Indiana
What we found
Last week, the CDC did release new guidelines stating fully-vaccinated people can be mask-less almost everywhere because their risk of getting or spreading the virus is very low.
The actual CDC policy states, "fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance."
That means if you are fully vaccinated against COVID-19, the CDC says no mask is needed in any setting EXCEPT where there is a federal, state or local law — or a rule or guidance established inside a local business.
So the CDC explicitly allows local businesses to require customers and employees to still wear a mask, regardless of whether there is a law or mandate. It's important to remember, throughout the pandemic the CDC has offered only guidance, not laws.
When it comes to the legality of businesses requiring customers and employees to wear a mask, there is nothing in Indiana law to prohibit such policies, according to Mike Ripley, vice president of employment law and health care policy at the Indiana Chamber of Commerce.
"The Indiana Chamber strongly believes it's important for employers to have leeway to make the best decisions for their unique situations," Ripley said in a statement to 13News VERIFY. "For example, employers in the health care area should and do have the option to require masks. These employers have the right and a duty to protect their employees in their work environment and keep patients and clients safe as well. Businesses in other industries will do what they feel is right for them."
Major retailers like Costco, Walmart and Target recently announced fully vaccinated customers do not have to wear masks unless it's still required by a local health order. Kroger and Walgreens announced they are following suit.
Mask mandates at stores such as CVS, Meijer and Home Depot are still in place, although it's not clear for how long.
So we can verify, YES, local businesses can require that you wear a mask if you want to shop there — even after the CDC loosened its mask guidelines.
Have a question or see something you’d like us to verify? Send an email to VERIFY@wthr.com.