The Governor of the State of Indiana has started the process to implement a state wide mandated mask requirement in an attempt to slow the spread of the current unprecedented and declared worldwide pandemic we all know as Covid-19. Regardless of everyone’s independent views about this subject, the impact of this has resulted in the change of operations for multiple businesses, organizations, and entities all over the world.
Multiple businesses have already implemented a mask requirement for their patrons entering onto their property in order to conduct business based on their own beliefs. Every business is owned and operated by individuals or corporations who have a right to establish individual business practices that they determine to be necessary, within the constraints of the law.
As Chief of Police and Sheriff of Howard County, we are providing this information to educate our community on individual rights as they pertain to citizens, business owners, and operators of an organization. Business or organization locations are operated on PRIVATE PROPERTY. As a result, anyone in a non-official role does not have a right to enter onto someone else’s private property without consent or abiding by the requests of the owner or operator of the property.
No one has a constitutional right to shop or conduct business on private property without the consent of the business or organization. All businesses or organizations may refuse service to anyone who refuses to follow their guidelines or rules when they are located on private property.
Refusal to follow the guidelines of a private property owner or operator and not leaving the property, is a criminal offense. The criminal offense is classified in the State of Indiana as Criminal Trespass in violation of Indiana Statute 35-43-2-2 as a class A misdemeanor punishable up to 1 year in jail. Officers of the Kokomo Police Department and Deputies of the Howard County Sheriff’s Office have the responsibility to enforce the laws and Constitutional rights of everyone in our community.
Officers and Deputies will respond to disturbances relating to the actions of anyone committing the criminal offense of trespass on private property and utilize discretion based on the circumstances of the call for service. Our response is not to make anyone wear a mask if you choose not to wear a mask, unless it is deemed by our legislature or court order; as in the courthouse. The purpose of our response is to enforce a lawful trespass violation as defined by the State of Indiana criminal code at the request of the private owner or operator. Please do not contact the dispatch center regarding violations of this executive mask mandate only. Contact the Indiana State Department of Health for guidance as it relates to the mask mandate.
We ask the citizens of this community to set our personal views aside, work together, and respect the rights and opinions of others through this difficult time that has affected us all.
Douglas Stout Jerry Asher
Chief of Police Sheriff of Howard County Indiana
Kokomo Police Department