Mask Confusion: Restaurants and Conflicting Health Guidance

On May 13, 2021, the U.S. Centers for Disease Control and Prevention (the “CDC”) issued new guidance lifting mask restrictions for fully vaccinated individuals. The CDC’s guidance marked a drastic change in policy—from being at the forefront of recommending widespread mask use and social distancing to permitting vaccinated people to be maskless both indoors and outdoors. Under the new guidance, people who are fully vaccinated may stop wearing masks or maintaining social distance in most outdoor and indoor settings. 

The CDC’s summary of changes states that “fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” Additionally, in most cases, fully vaccinated people can refrain from testing following a known exposure.  On May 17, 2021, the Occupational Safety and Health…