ALERT: NYSDOH publishes emergency rule requiring business operators & building owners deny admittance or remove those not wearing face coverings

ALERT:  NYSDOH publishes emergency rule requiring business operators & building owners deny admittance or remove those not wearing face coverings
The New York State Department of Health today published an emergency rule, which took effect July 9, 2020.  The rule is confusing to read in many ways, in that it restates many of the restrictions in place prior to phased re-opening that have been supersede by subsequent Executive Orders and therefore are not in force based on those Executive Orders to implement re-opening.
Significantly, however, Section 66-3.2 of the rule creates a new requirement that:
(d) Business operators and building owners, and those authorized on their behalf shall deny admittance to any person who fails to comply with this section and shall require or compel such persons’ removal. Provided, however, that this regulation shall be applied in a manner consistent with the federal American with Disabilities Act, New York State or New York City Human Rights Law, and any other applicable provision of law.
Violation of this section by an individual is subject to a civil penalty of up to $1,000 per violation.  Businesses are subject to civil penalties of up to $2,000 per day of violation.
As this is a broad requirement that applies to all businesses, we will be working with our partners at the Business Council to seek additional clarification on this rule.
We will, as always, keep the membership informed of relevant developments.
Mike Elmendorf
President & CEO
AGC NYS

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