Search found 1 match

by BSHII
Wed Mar 24, 2021 9:47 pm
Forum: General Texas CHL Discussion
Topic: Enforceability of mask requirements
Replies: 50
Views: 28481

Re: Enforceability of mask requirements

Soccerdad1995 wrote: Thu Mar 11, 2021 1:04 pm My understanding of the current situation in Texas is that businesses can still require masks. But is a simple “masks required” sign enough to charge someone with trespassing absent any other form of notice?

I’m thinking that the sign would need to explicitly state that your entry is forbidden unless you are wearing a mask. And I don’t know that a simple “masks required” meets that requirement.
Based on the language of the statute, section 30.05, ignoring a “masks required” sign is probably not criminal trespass, while ignoring a sign that says something like “entry without a masks is prohibited,” similar to the language of a 30.06 sign, may be criminal trespassing. Conditional no-trespassing signs are certainly anticipated by the statute, based on all of the defenses relating to handguns.

That said, I would be shocked if anyone was ever arrested, let alone successfully prosecuted, simply for disobeying a sign and entering without a mask. It’s going to take willful refusal to leave after multiple requests.

Return to “Enforceability of mask requirements”