Gov. Brian Kemp signed an executive order Saturday that encourages – not requires – Georgians to wear masks but allows certain local governments to issue the mandate.
The order comes two days after the governor withdrew his lawsuit against Atlanta officials for imposing a mask order.
Saturday’s executive order by Kemp gives local governments the ability to issue mask mandates but under certain conditions.
Counties that have reached a threshold of 100 cases per 100,000 people for 14 days can implement the requirement, which only can be directed to individuals. Kemp’s order prohibits a mask mandate from being required when someone is eating or drinking or on private property.
“This order also protects Georgia businesses from government overreach by restricting the application and enforcement of local masking requirements to public property,” he said. “While I support local control, it must be properly balanced with property rights and personal freedoms.”
Under the order, local governments cannot require masks if it restricts religious freedoms, and fines for violating the law cannot exceed $50. Local officials also must provide masks for residents who cannot afford them.
Kemp’s order does require workers at restaurants, bars and those who provide personal care services to wear masks when interacting with customers.
The governor also encouraged Georgians to wear masks in a statement Saturday.
The order, which takes effect Sunday and expires Aug. 31, reinforces his other directives that limit gatherings to 50 people and instructs medically fragile and high-risk Georgians to shelter in place.
“In Georgia, our statewide case numbers have dropped 22 percent over the last two weeks, and daily hospitalizations have decreased by 7 percent in the last seven days,” Kemp said. “We are on average testing over 31,000 Georgians daily at 180 SPOCs while maintaining a low rate of transmission. The positivity rate is on the decline, and the mortality rate continues to fall.”
Rep. Sandra Scott, D-Rex, issued a statement ahead of Kemp’s order Saturday, calling out the governor for his failure to issue a mask mandate.
Scott said Kemp is “letting the virus get out of control” by not requiring masks statewide, especially with added liability protections for businesses during COVID-19 provided under a new law.
Kemp signed Senate Bill 359 on Aug. 5. It prevents businesses from being sued because of potential exposure to or transmission of COVID-19.
“This legislation shows that they don’t care about people. This virus is egregious, and it doesn’t see color, race, age, gender, sexual orientation, Democrat or Republican, but it does take lives,” Scott said.

