To mask or not: What's the rule if you're in a private business?

LAS CRUCES - Do you have to wear a mask if you're in a store? Yes. Do the store's internal policies override the state's mandate? No.

New Mexicans are mandated to wear masks in public (with certain exceptions) and retailers are now required to ensure that their customers are wearing face coverings in order to enter store premises, per the state's new health order issued Wednesday, July 1.

Masks in New Mexico are required for protection and source control of COVID-19, according to the health orders from Gov. Michelle Lujan Grisham and Department of Health Secretary Kathyleen Kunkel.

The public health guidelines, first released May 15, in effect through July 15 and detailed in the All Together New Mexico report, require masks to be worn in public, among other operational restrictions for businesses. This is in line with recommendations from the Centers for Disease Control and Prevention.

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The state announced Wednesday it will "aggressively enforce" the face-covering requirement for residents and violators will be subject to a $100 fine. 

"Our mandatory face coverings in public are now going to be aggressively enforced. So in addition that people aren't wearing them right, you're not wearing them," Lujan Grisham said. "This creates a problem for everybody who's adhering. You're making it unsafe for them, unsafe for yourself and we continue to see increases in the spread of the virus."

Retailers who are not in compliance can also face penalties.

New Mexico State Police investigate reports of noncompliance and legal actions or fines up to $5,000 may be imposed.

Dan Trujillo, spokesperson for the Las Cruces Police Department, said on June 24 that city police can only suggest people cooperate with the mask requirement. However, Lujan Grisham said Wednesday's news conference that if local police do not help to enforce the mask requirement, they may be subject to the same violations as businesses.

Enforcing face mask compliance

Before Wednesday's announcement, businesses had different approaches to enforcing face masks.

Phil Caruso with Walgreens media relations said on June 25 that their stores have signs stating face coverings are required, but their employees are not directed to confront customers who do not follow the orders.

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CVS also uses signs, but noncompliant customers are helped in other ways. Matt Blanchette, manager of retail communications for CVS, said on June 24 that customers are directed to the signage if they are not wearing masks and are asked to comply. If a customer chooses not to wear a mask employees help them finish their shopping quickly and let them know about home delivery and drive-thru services.

The New Mexico Department of Health website provides a tab for people to report businesses not complying with the health orders (or other violations), and action is taken from there.

Tens of thousands of reports of noncompliance have gone through the DOH website, according to David Morgan, the department's media and social media manager. However, only five businesses in the state had been issued administrative penalties as of June 29.

No Las Cruces businesses have had action taken against them as of June 29, Morgan said.

Leah Romero is a fellow with the New Mexico Local News Fund and can be reached at lromero@lcsun-news.com or @rromero_leah on Twitter.