Growing number of North Carolina sheriffs say they won’t enforce statewide mask order

A growing number of North Carolina county sheriffs are backing away from enforcing Gov. Roy Cooper’s controversial pandemic mask mandate, including some who insist it is unconstitutional.

Cooper announced Wednesday that face masks will be required in all public spaces starting Friday to thwart the spread of the highly contagious COVID-19.

However, more than 15 sheriffs in some of the state’s most populace counties say they don’t intend to cite people for ignoring the order. This includes sheriffs in Alamance, Beaufort, Buncombe, Cabarrus, Gaston, Halifax, Henderson, Iredell, Johnston, Rockingham, Sampson and Union counties.

Sampson County Sheriff Jimmy Thornton called Cooper’s mandate “unconstitutional” in a Facebook post and said it would distract officers from criminal investigations. Thornton said he will only take action on the mandate if it was “court ordered by a Judicial Official or the Legislature.”

“It is my sworn duty to enforce laws enacted by our legislature, as well as protect the constitutional rights of all citizens,” Thornton posted on his Facebook page.

“It is my belief that Governor Cooper’s executive order mandating face coverings by all citizens in public is not only unconstitutional, but unenforceable. My deputies will NOT enforce an executive order that I feel violates the constitutional liberties of citizens.”

Halifax Sheriff Wes Tripp didn’t raise constitutional questions, but says he believes wearing a mask “is a personal decision, not one of a governor in Raleigh.”

“I certainly encourage people to be careful and take safety precautions, however your Sheriff’s Office will not be taking enforcement actions against people or businesses for not wearing masks,” Tripp posted on Facebook around 7 p.m. Wednesday.

The Alamance County Sheriff’s Office noted the language in Cooper’s executive order made it nearly impossible to enforce, unless customers, employees or patrons were accused of trespassing.

Meanwhile, Beaufort County Sheriff Ernie Coleman noted in a Facebook post: “Common sense should dictate that if you feel any symptoms you should wear a mask for the protection of others or better yet stay home.”

In Buncombe County, the sheriff’s office asked that people voluntarily comply with the executive order, but do “not call 911 to report individuals or businesses that are not complying.”

Their defiance is one of many challenges Cooper has faced from county sheriffs during the pandemic, including multiple county sheriffs who refused to enforce the stay-at-home order that limited church attendance, McClatchy News reported in May.

There have been more than 56,000 confirmed cases of COVID-19 in North Carolina, and more than 1,200 deaths, according to the state.

On Wednesday, North Carolina reported 906 were hospitalized, officials reported.

Cooper announced Wednesday afternoon that the state’s growing number of COVID-19 infections made it imperative that people wear a mask when venturing into any restaurant, business, school and other “high density settings.”

The executive order says Cooper has the power to issue the mandate as part of a declared State of Emergency and that includes directing “State and local law enforcement officers and agencies” to enforce compliance.

The mask requirement takes effect Friday at 5 p.m. and exceptions include children under 11, people with certain medical conditions and anyone exercising outdoors away from other people.

This story was originally published June 25, 2020 at 8:53 AM.