Signed Mask Mandate Has No Criminal Penalties

Multiple sheriffs across Indiana spoke out about the mask mandate with the final order signed and set for Monday.

As we speak --- 44news is finding -- its not as simple as that --- confusion and chaos -- blanketing indiana -- as we learn -- the executive order -- doesn't carry with it -- the criminal penalty -- governor holcomb*first proposed.

This as multiple sheriffs -- including at least 3 in the tri-state --- are speaking out about the mandate.

44news reporter erran huber joins us tonight -- gathering the details on law enforcement's -- stand off.

Tonight--an abrupt about- face from governor holcomb.

Just days after this-- not wearing a mask is a class b misdemeanor.

With the potential for fines or even jail te-- tonight--the revelation in the final signed order.

Enforcement-- now falls to health departments.

No criminal penalties.

Even with a de- fanged order-- posey county's sheriff is keeping a careful eye on an already quietly-changed mandate.

Standing firm on his constitutional views.

"my stance was, being that this wasn't a law, we have no authority to arrest someone.

Basically take them away from their freedoms of coming and going.

I wanted to ensure people in the confines of the county that we weren't going to enforce that."

A stance--in line with the legal opinion from the attorney general--- challenging criminal penalties in the mandate.

A growing list of local law enforcement officials have looked to the legal confusion the order--as first announced and now in place--has created as guiding their position.

Dubois county's sheriff--saying the executive order "being challenged as to whether it's constitutional or not"--means it "cannot and will not be enforced" by their agency.

Daviezz county's sheriff--pointing to the late change in language-- found not wearing a mask "does not constitute a crime or an enforceable action by the police."

But for sheriff tom latham--for him it comes down to a matter of principle.

"i'm simply saying we were never going to take someone to jail in a sense for the same penalty as operating while intoxicated.

When i stood with my right hand up and that i would defend the constitution--taking someone to jail would be a violation of their constitution if i were to go by that original mandate from the governor."

Local and state opponents in office continue to stress--that it's not an issue of wearing a mask vs.

No mask.

Rather an issue-- of law.

And many are still asking you to consider covering up.

Taking a look across the tri- state--the mask mandate in indiana does face a potentially uncertain future.

It's similar to ones already in place in illinois and kentucky-- and those have already faced some challenges in the courts.

In posey county-- eh 44news as erran mentioned