Whitefish no longer able to enforce mask mandate, still urges businesses to require masks

Whitefish’s mask mandate is no longer in effect after Montana Gov. Greg Gianforte signed a bill into law on Friday that nullifies the city ordinance requiring masks be worn in public spaces.

However, the City of Whitefish is still encouraging businesses to continue requiring face coverings in indoor spaces amid the COVID-19 pandemic.

House Bill 257 removes the ability of local governments and health officials to require businesses to turn away customers who don’t comply with health requirements including refusing to wear a mask. It also prohibits local governments from taking action against businesses that don’t enforce emergency rules including through fines, civil lawsuits and criminal charges.

City Council continues to voice its opposition to the bill, saying in a release, that it effectively strips the city’s authority to enforce its mask mandate that was implemented to “protect the health and wellbeing” of citizens and visitors.

“Many of the bills during this legislative session are an overreach by the state government limiting local control,” Mayor John Muhlfeld said in a statement. “As we know Montana is vast and our communities and our challenges are unique. This is another example of this legislative session’s narratives that contradict this fact, and leave local governments with more challenges after a difficult year.”

The city says while it has “lost its ability to regulate best health practices” due to the law, that businesses can still reserve the right to require face coverings. City officials continue to encourage wearing of face coverings to protect employees and patrons, in accordance with U.S. Centers for Disease Control and Prevention guidelines.

On Monday there were about 1,100 active cases of COVID-19 in Montana, according to the state, and 116 active cases in Flathead County. Total cases recorded in the state were sitting at just under 110,000 while the county has recorded about 11,900.

Just over 350,000 Montana residents have been fully vaccinated for COVID-19, according to the state. In Flathead County, about 26,000 people have been fully vaccinated while about 83,800 people are eligible to be vaccinated.

Whitefish first implemented an emergency ordinance requiring masks in public spaces on July 14, 2020 just prior to when former Gov. Steve Bullock put in place a statewide mask mandate.

Then when Gianforte took office at the beginning of the year, Whitefish City Council at its first meeting in January passed an ordinance designed to be implemented if the statewide mandate was lifted.

In February, Gianforte lifted the statewide mask mandate and Whitefish’s ordinance requiring face coverings be worn in all businesses, government offices and other indoor spaces open to the public went into effect. That emergency ordinance had been set to expire on May 13.

City Council at its meeting on May 3 said that in anticipation of the fact that the governor would sign the bill into law that there would be no need to extend its ordinance.

Councilor Frank Sweeney said the city wouldn’t have any option once the governor signed the bill, but to consider its own ordinance as repealed.

“I would not encourage any of our businesses to get into a conflict with patrons over wearing a mask,” he said. “I think we, as a city, should continue to recommend people wear a mask, but that’s as far as we can go.”

Councilor Rebecca Norton said the decision to remove the city’s ability to require wearing masks was based on politics and not science.

“In order to protect yourself from COVID-19 in congregate settings people should still wear masks,” she said. “The reality is that we’re not out of the pandemic.”

The city asks businesses to visit WhitefishCovidCares.com for ongoing updates related to the COVID-19 pandemic.