Case 2:20-mc-00052 Document 20 Filed 08/02/21 Page 1 of 3 PageID #: 69
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
ENTERED
\If
AUG 2 2021
Miscellaneous Case No. 2:20-mc-00052
RORY L PERRY 11, CLERK
U.S. o;strict Court
Southern Olstrict of West Vlr lnla
IN RE: FACE COVERINGS or MASKS REQUIRED
in COURTHOUSES
in the SOUTHERN DISTRICT OF WEST VIRGINIA
GENERAL ORDER #13
On June 22, 2021, the Court entered General Order #12, which partially
relaxed the mask or face covering requirements for all persons seeking entry to
courthouses in the Southern District of West Virginia. General Order #12 required
unvaccinated individuals and all jurors to wear masks or face coverings upon entry
to the courthouses but permitted fully vaccinated individuals to enter the
courthouses without wearing masks. Since that time, however, the Centers for
Disease Control and Prevention (CDC) has issued updated information1 for fully
vaccinated people given new evidence on the B.1.617.2 (Delta) variant that is
currently circulating in the United States. This new CDC guidance added a
recommendation that fully vaccinated people wear a mask in public indoor settings
1 Centers for Disease Control and Prevention: “Interim Public Health Recommendations for Fully
Vaccinated People” https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-
guidance.html (Last Visited August 2, 2021).
Case 2:20-mc-00052 Document 20 Filed 08/02/21 Page 2 of 3 PageID #: 70
in areas of substantial or high transmission. As of this date, the community
transmission data2 indicate that the locations of all four points of holding court in
the Southern District of West Virginia are in counties with substantial community
transmission. In fact, most of the counties in the Southern District are experiencing
substantial or high community transmission, which would trigger the heightened
face covering requirement to slow the spread of the Delta variant in the community.
This finding is consistent with recent information3 reported by state public health
authorities, which indicate a two-week rising trend in daily cases, combined with a
rise in hospitalization metrics.
IT IS THEREFORE ORDERED, effective immediately, that all persons
seeking entry to the United States Courthouses in Charleston, Huntington, Beckley,
or Bluefield must wear a face covering or mask (“mask”), regardless of vaccination
status. The mask must always conceal the wearer’s nose and mouth. Masks shall be
worn in all common areas of the courthouse. If the wearer is a court employee who is
in a private office or workspace that permits at least six feet of physical distance
from other persons, the wearer may temporarily remove the mask. Employees in a
judge’s chamber must follow the directions provided by the judge. Masks must be
worn by all participants during in-court proceedings unless otherwise directed by the
presiding judge. Masks will be provided to jurors who do not have their own,
otherwise, all persons seeking entry to a courthouse must provide their own mask. If
2 Centers for Disease Control and Prevention: “COVID-19 Integrated County View”
https://covid.cdc.gov/covid-data-tracker/#county-view (Last Visited August 2, 2021).
3 West Virginia Department of Health & Human Resources: “Coronavirus Disease 2019 Dashboard”
https://dhhr.wv.gov/COVID-19/Pages/default.aspx (Last Visited August 2, 2021).
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Case 2:20-mc-00052 Document 20 Filed 08/02/21 Page 3 of 3 PageID #: 71
a visitor is unable to provide their own mask for any reason, the visitor will be asked
to telephone the office to be visited to explore alternatives to entering the
courthouse; and it is further
ORDERED that the courthouse entry restrictions set forth in General Order
#2 remain in full force and effect, and it is finally
ORDERED that the United States Marshal, his Deputies, and the Court
Security Officers shall enforce this order.
SO ORDERED this 2nd day of August, 2021.
________________________________________
THOMAS E. JOHNSTON, CHIEF JUDGE
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