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Legal Update Article

Indianapolis Eases Restrictions; Ends COVID-19 Mask Mandate for Fully Vaccinated Persons

In a move consistent with the updated Center for Disease Control and Prevention COVID-19 mask guidelines, the Indianapolis City-County Council has voted to end its year-old mask mandate for fully vaccinated persons, effective June 8, 2021.

Unvaccinated persons and those who are not yet fully vaccinated (meaning 14 days have passed since the last dose of a one- or two-dose vaccination) are still required to wear a face mask. However, enforcement of the mask mandate will rely on the honor system, trusting individuals to remove their masks only if fully vaccinated.

Masks will still be required for all persons entering hospitals and healthcare facilities, and for those using public transportation. Additionally, businesses may still enforce mask wearing in the workplace.

Private businesses must be mindful of potential legal issues raised when asking employees about their vaccination status. According to the EEOC, during the pandemic, requesting documentation or other confirmation of vaccination is not a disability-related inquiry under the Americans with Disabilities Act (ADA), and the ADA’s rules about such inquiries do not apply. However, documentation or other confirmation of vaccination provided by the employee to the employer is medical information about the employee and must be kept confidential.

In addition to lifting the mask mandate for fully vaccinated persons, the City-County Council relaxed capacity restrictions as follows:

  • Religious services and funerals: 100% capacity
  • Indoor service in bars and restaurants: 75% capacity
  • Personal services, like salons, barbershops, and spas: No appointment required and maintaining six feet between clients
  • Indoor sports or other large events: 50% capacity
  • Entertainment and cultural institutions: 75% capacity
  • Gyms, fitness centers, and dance studios: 50% capacity
  • Community pools: 100% capacity
  • Large gatherings: 500 people
  • Music venues: Dance floors open with six-foot social distancing clearly marked on floor
  • Libraries: 75% capacity
  • Youth and young adult camps: Overnight camping permitted; masks are not required for campers younger than seven years of age

If you have questions or need assistance, please reach out to the Jackson Lewis attorney with whom you regularly work, or any member of our COVID-19 team.

(Law clerk Cheyna Galloway contributed significantly to this article.)

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