Whitefish mandates masks for public settings

Whitefish City Council Tuesday afternoon unanimously passed an emergency ordinance requiring the use of masks in public spaces when social distancing is not feasible to prevent the spread of COVID-19.

Face coverings are required inside businesses and in public outdoor spaces for organized gatherings of 20 or more people. The ordinance went into effect at 12:01 a.m. on Wednesday, July 15.

Councilor Rebecca Norton said wearing a mask to slow the spread of the virus has been proven in other countries.

“We’re not doing this to take away your rights and we’re not doing this to harm you,” she said in addressing those at the meeting. “We’re doing this because we care about you. If we can do this to prevent people from dying than it’s worth it.”

Councilor Ryan Hennen said it is the city’s responsibility to protect people during a health crisis.

“The idea that my friend who tends bar at the Bulldog has to wear a mask, but the people who come in don’t have to, feels like a failure on my part,” he said. “Given the choice between doing something and doing nothing, I’m going to go on the side of doing something and public health.”

The ordinance is in effect for one month unless modified by Council.

Flathead County has recorded a total of 84 confirmed cases of COVID-19. There were 31 active cases in the county as of Tuesday.

The ordinance drew about 90 minutes of public comment Tuesday from those on both sides of the issue who filled council chambers at City Hall spaced in chairs 6 feet apart. Prior to the meeting, the city also received 356 emailed comments with 69% in favor of wearing masks and 27% against, while the remainder fell somewhere in the middle.

Those against the ordinance said that the requirement of wearing masks steps on individual freedoms, causes health issues of its own, could result in violence and would have a negative impact on businesses because people will shop elsewhere if forced to wear a mask.

Carolanne Wright said more than 600 people signed an online petition asking that the city not require masks.

“Wearing masks causes serious health complications because of reduced oxygen levels, especially in children,” she said.

Ted Valentiner said the ordinance would divide citizens and hurt businesses.

“I will not spend one more dollar in Whitefish regardless of where I have to go to shop,” he said.

Those in favor of the requirement to wear masks thanked Council for looking out for the health of the community.

Megan Chaisson said just because there has been a relatively small number of cases in Montana doesn’t mean action isn’t required and that a requirement for masks would make her feel safer.

“Wearing masks encourages other steps such as social distancing and hand washing,” she said. “I have not been shopping locally. I have been going to big box stores because they require masks, but I will return my business to Whitefish if there is a requirement to wear masks.”

Scott Wurster said he has been astonished to see people not wearing masks in public places.

“I want to express my support for the City Council that you have the courage to step up,” he said. “Masks aren’t perfect, but I wear one as a courtesy to the rest of you.”

The emergency ordinance says that business have the duty to enforce the regulation by requiring employees, contractors, volunteers, customers and visitors to wear a covering in areas open to the public and in places not open to the public if at least 6 feet of social distancing can’t be maintained. The ordinance says that businesses must provide face coverings for employees and post signage notifying customers of the requirement.

Whitefish Chamber Director Kevin Gartland said chamber members are split on the issue and asked what assistance would be provided to businesses so they aren’t overburdened.

The city said it would work to assist businesses in finding ways to provide masks.

The ordinance also says that face masks are required in outdoor areas where social distancing is not possible and for those participating in organized outdoor gatherings of 20 or more. Those riding on public transportation as a driver or passenger would also be required to wear a mask.

Those found to be violating the ordinance could face a fine of up to $300 for the first offense and $500 for subsequent offenses.

City Attorney Angela Jacobs said no jail time could be imposed for violating the ordinance.

Any business that’s found to be in violation could also face the suspension or revocation of its business license.

City Manger Dana Smith said the city will rely on complaints for enforcement of the ordinance and that it expects to reach out to businesses for education about the ordinance prior to revoking a business license. The requirement for individuals to wear a mask primarily focuses on those who are gathering as part of events.

“The number of cases in Montana have been going up as people have been attending gatherings and social distancing has been difficult at events,” she said. “If people can walk downtown and they can social distance then they don’t need to wear a mask.”

Smith said the city will be working to post signs around town explaining the requirement to wear a mask and working on a public service announcements to notify visitors of the requirement prior to coming here.

Face masks are not required for children under the age of 12, those who can’t wear a mask due to an existing condition, those who can’t perform the duties of their profession while wearing a mask, individuals who do not have contact with the public and can maintain social distancing with other employees, and individuals who are seated at a restaurant or bar while eating and drinking. It does not apply to individuals actively exercising or swimming.

In addition, masks are not required for individuals visiting the dentist, or those receiving a haircut or facial.

Just last week City Council unanimously approved a resolution “strongly encouraging” people to wear face masks when outside the home. The resolution said that if the city found the guidelines weren’t being followed it could consider passing an ordinance requiring masks.

The popular Great Northern Bar downtown temporarily closed over the weekend after an employee tested positive for COVID-19. The employee last worked at the bar on July 5 and is now under quarantine, according to a post by the bar on Facebook on Saturday.

“The health and well being of our customers and employees is always our top priority,” the bar said noting it felt important to confirm that an employee had tested positive.