New Mexico Health Department calls out phony face mask 'exemption' cards

SANTA FE - Counterfeit cards declaring their bearers exempt from New Mexico's face mask requirement are bogus, the New Mexico Department of Health announced Wednesday. 

Moreover, counterfeit cards bearing the logo of state or federal agencies could lead to a criminal charges, the department said. 

The fake exemption cards, which have reportedly been distributed in Santa Fe County, falsely claim a medical order excludes them from wearing a face mask in public.

The card cites section 7 of the May 15, 2020 public health order which required face masks in public settings "unless a healthcare provider instructs otherwise." 

The most recent public health order, dated July 30, requires residents to wear a mask in public except when eating or drinking. Contrary to previous health orders, this includes when exercising.

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Section 2 of the order directs businesses to require patrons to wear a mask while visiting their location, unless they have a written exemption from a healthcare provider. 

No such exemption would come from the state health department or from the DOJ, however, and the state warned that cards fraudulently presenting the agencies' logos expose anyone reproducing or using them to a fourth-degree felony charge of forgery.

The card further claims that denying services or entry to a place of business is a violation of federal law as well public health orders, and threatens a $75,000 fine in a warning that includes spelling errors. 

The Justice Department has issued warnings previously about "postings or flyers on the internet regarding the Americans with Disabilities Act (ADA) and the use of face masks due to the COVID-19 pandemic, many of which include the Department of Justice’s seal." 

The department said none of those are actual advisories from the federal government, and directed the public to www.ADA.gov for authentic information about the law.

State health secretary Kathy Kunkel minced few words about the misinformation in a statement Wednesday. 

“People lying about a medical condition to get out of wearing a facemask literally puts their lives and that of those around them at risk,” Kunkel wrote. “New Mexicans deserve to feel safe out in public, and fraudulent messaging like this is both illegal and potentially dangerous to people’s health.”

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While New Mexico's emergency health orders do not lay out specific exemptions for wearing face coverings in public, the DOH referred to guidelines on exceptions or adaptations suggested by the federal Centers for Disease Control and Prevention, such as accommodations for people who communicate via lipreading or have specific disabilities. The guidance also acknowledges that young children may have difficulty properly wearing a mask for extended periods of time. 

Cloth face coverings placed over the nose and mouth are required in New Mexico as a buffer against community spread of the SARS-CoV-2 coronavirus, which causes COVID-19 disease. 

Misinformation spreads online

Bogus cards made to look like official exemptions to local health orders have spread around the United States during the pandemic.

Some anti-mask activists have even created false identification cards for a fictitious "Freedom to Breathe Agency" and threatened employees at local businesses with legal action if they enforce mask wearing at their stores.

Other widely circulated claims on social media hold that businesses requiring mask wearing on their premises are in violation of the Fourth and Fifth Amendments and/or the Health Insurance Portability and Accountability Act (HIPAA). Those claims have been debunked by legal experts. 

In some cases, arguments over mask wearing even cross over into physical violence. Last week, police arrested Kristopher Hagan at Memorial Medical Center in Las Cruces for allegedly attacking medical staff after being told he needed to wear a mask. 

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In Santa Fe, the DOH promised to work with the state Attorney General's Office and prosecute anyone issuing bogus identification bearing official logos. 

Read the July 30 public health order here:

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonWrites on Twitter.