A masquerade, defined as a social gathering of persons wearing masks and often fantastic costumes was typified by Truman Capote’s Black and White Ball. This is largely considered the party of the 20th century, held at the Plaza Hotel, it was a masked evening filled with stars wearing eye coverings shielding the wearer’s identity rather than a nose and mouth covering shielding the wearer’s germs from others.
COVID has provided an entirely new context to the term masquerade. Now, largely understood as the ever changing governmental and CDC guidance on when to wear a mask, how distant to stay away from others, and what is a safe method of gathering together.
What’s the latest update?
On May 13, the CDC issued groundbreaking guidance that those fully vaccinated no longer need to wear a mask or maintain 6-feet of social distance from their counterparts in outdoor and also indoor settings. Following over 12 months of masking, social distancing, and limited capacity interactions, this comes at quite a shock. The guidance only applies to those fully vaccinated, defined as individuals two weeks out from either one dose of the Johnson and Johnson vaccine or two doses of the Pfizer or Moderna vaccines. The guidance allows for these individuals to go to restaurants, visit hair salons, attend full capacity worship services, participate in gym classes, and tour museums without a mask and without maintaining 6-feet of social distance.
NY Governor Andrew Cuomo issued NY State’s adoption of the CDC’s advice on May 19th, leaving much of the city and the state with spring fever. Presently, 52% of New Yorkers over the age of 18 are fully vaccinated, leaving 48% unvaccinated and still required to wear a mask and continue to maintain a social distance of at least 6-feet. The guidance still requires masking (whether fully vaccinated or not) within public transit, correctional facilities, nursing homes, and healthcare settings. Individual businesses operating below the State’s limit of 250 individuals indoors or 500 individuals outdoors have some flexibility in implementing the newest guidance or continuing to require masking and social distancing. This means employers with fewer than 250 in office employees still have to institute their own masking policies.
If a business (like an office) falls under the 250 individual threshold and they choose to implement the CDC’s guidance allowing fully vaccinated people to work maskless and within 6-feet of others, then the business may require either proof of vaccination status or they may use an honor system, relying on an individual’s word for their vaccine status. If a business chooses to implement the CDC’s guidance, they then have the additional option of applying the guidance to designated parts of the business or to the business in its entirety. Moreover, a business may decide not to implement the CDC’s guidance at all and instead require masks and social distancing for all individuals.
However, if a business exceeds the 250 individual indoor capacity, businesses like event venues, then masks and social distancing are required for both vaccinated and non-vaccinated individuals except while eating or drinking. One exception exists if a venue decides to implement “vaccinated only sections.” Then, the venue must see proof of an individual’s vaccination status (the honor system is unacceptable), and following that, masking and social distancing are not required for individuals within the applicable section. For businesses that exceed the 500 individual outdoor capacity, then masks are not required while an individual is properly socially distanced.
Just as COVID spread quickly, so have changes in guidelines. The Truman Capote anecdote serves as a foreshadowing message of hope. Following 14 months of closure, New York is reawakening. Literally, the party’s home, the Plaza Hotel just reopened for guests’ attendance a few days ago. Much like Governor Cuomo’s lessening of COVID restrictions, this marks a sign towards a return to normalcy, and an entirely revived usage of the Masquerade in 21st century vocabulary.
Written by Summer Law Clerk Katina Smith
