Tag: e0181

Mayor’s Response Concerning Legal Framework for Mask Mandate

Dear Weaverville Community,

The Town of Weaverville has received many inquiries from residents concerning the legal framework behind the mask mandate. In the mid-1970s the state legislature passed the “North Carolina Emergency Management Act,” which is codified as Chapter 166A of the North Carolina General Statutes. Pursuant to that Act, the Governor is empowered to declare a health emergency, and to issue orders to respond to the emergency. Such orders are state law pursuant to the North Carolina Emergency Management Act. On November 23, 2020 Governor Cooper issued Executive Order No. 180, which contains a face mask requirement, and makes the violation of that requirement a Class 2 Misdemeanor. That order contained a December 11, 2020 expiration date, but the Governor has since extended it to January 8, 2021.

Should any citizen of the state believe that the facts do not justify the declaration of emergency or the remedy imposed by the Governor, he or she can go to court and seek a court order revoking the Governor’s order in its entirety or in part. During the course of the past year several such suits have been filed, and there have been some orders trimming some of the Governor’s remedies.

Mayor Al Root
Town of Weaverville


N.C. Executive Orders can be reviewed or downloaded at this link.