August 12, 2020

Face coverings are now required in New Hampshire for scheduled gatherings of 100 or more people

New Hampshire Governor Sununu announced yesterday the issuance of an order requiring masks to be worn at scheduled gatherings of 100 or more people. Emergency Order 63 was published today providing additional details to the announcement made by the Governor. Effective immediately, all persons who attend or are present at social, spiritual and recreational scheduled gatherings of 100 people or more, will be required to wear face coverings. 

This new mandate applies to community, civil, public, private leisure, faith based, political or sporting events, as well as parades, concerts, festivals, conventions, fundraisers and events of similar nature. The Emergency Order excludes specific circumstances where the new requirement is not applicable:

  • Children under the age of two;
  • Day-to-day operations of businesses, non-profits and government institutions where the facility may have 100 or more people present, including K-12 schools; and
  • Scheduled gatherings where attendees are seated at least six feet apart from each other.
    • Exceptions to the six feet rule are: when seated with members that are part of the same household, part of the same party or assigned to the same table. Attendees are still required to wear face coverings when not in their designated seating areas and when entering or exiting the event.

This Emergency Order anticipates that the state or local police as well as the Division of Public Health will be responsible for enforcement. A property / facility owner or organizer that knowingly violates the Order or refuses to comply with a warning about the requirements of the Order will be in violation of the mandate. As a result, every person or entity that allows its property to be used for these gatherings as well as organizers, need to make reasonable efforts to ensure compliance with it.

The full text of Emergency Order 63 can be found here.


Before sending, please note: Information on is for general use and is not legal advice. The mailing of this email is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. In particular, please note that Downs Rachlin Martin’s Labor & Employment Group exclusively represents employers/management in labor and employment matters. Employees seeking assistance with labor or employment issues should contact a law firm that represents employees and should not provide information about your situation to DRM.

If you send this email, you confirm that you have read, understand and agree to the terms contained herein.