Elkader issues proclamation encouraging use of face coverings
By Willis Patenaude, Times-Register
Last week, the Elkader City Council discussed the possibility of issuing an ordinance to enforce a COVID-19 mask mandate or simply issuing another proclamation encouraging residents to wear masks.
The discussion was prompted by a letter from the Clayton County Health Board that encouraged masks to be worn to help stop the spread of COVID-19. Neighboring cities such as Decorah and Guttenberg have also passed resolutions for an ordinance, where failure to wear a mask would result in first a verbal warning, then a written warning, and finally a $10 fine.
At the heart of the matter is the legality of a mask mandate and whether it’s even enforceable. According to Elkader Mayor Josh Pope, after having discussions with the city attorney, “There is no legal basis for the city to make a mask mandate…[and] an ordinance is likely to be challenged in court.”
Pope also commented on the consequences proposed by the neighboring mandates, concluding “it doesn’t sound like effective enforcement and I certainly don’t want our already busy police department to be enforcing $10 fines. That is less than a parking ticket.”
On the issue of enforcement, Elkader Police Chief Mitch Seitz stated, “I don’t think mandates are enforceable [and] it’s not in the best interest to make not wearing a mask a chargeable infraction.” Seitz went on to suggest that making them chargeable infractions would be counterproductive, and “the expectations [it] would set on the police department would be overwhelming.”
Going off that, Pope questioned the point of a mandate if it’s not enforceable. He also mentioned the increased risk of exposure such a mandate would have on the officers serving the warnings and tickets, which includes three separate contacts with someone refusing to wear a mask.
“I have put my officers in danger by having three separate contacts with a person who does not seem to have any intention of wearing a mask…Are there better ways of dealing with this situation than exposing our officers three times?” he asked.
Because of the legal issues, it was decided the mayor and city council would issue a second proclamation, similar to the one issued during the early weeks of the COVID-19 pandemic, but the mayor stressed the importance of safety, both at last week’s council meeting and in a separate interview.
At the meeting, Pope highlighted the fact that he wears a mask every day and, during the interview, said, “I am definitely worried about the recent surge in cases, but I have to echo what the department of public health and the governor keeps saying: wear masks, wash your hands, socially distance and stay home if you are not feeling well. I do think people are not being as careful as we were with the first wave, so I would recommend residents think back to what they did then, and modify it for now.”
Similarly, Seitz said, “I am supportive of people wearing a mask, [and] highly recommend them…but don’t make it a crime not to wear one.”
At the council meeting, council member Bob Hendrickson suggested a “proclamation is a good idea to strongly encourage wearing a mask [and] to go off what the governor says [and] people should use common sense and have courtesy.”
In an interview, Hendrickson added, “I am hopeful that our community will take personal responsibility for slowing the spread of COVID by following CDC guidelines, our local public health officials and the governor’s direction. Avoid large crowds, social distance, wear a mask and wash your hands…I know for some people this is political, but for me it’s not. It’s no more political than people wearing their seat belts or washing their hands after they go to the bathroom. It just makes good sense.”
About the proposed proclamation, Hendrickson said, “it should reflect what [the mayor and council] are willing to do, and [they] shouldn’t break [their] own proclamation.”
Council member Peggy Lane believed a mandate would “be a good idea,” but also thought “that there are people who won’t do it.” Mostly, Lane wanted to see some leadership from the city and to see the council lead by example, something she indicated isn’t currently taking place. “Based on mask usage within our own group, we aren’t leading by example. So, the ordinance isn’t really going to help,” she said.
Leading by example is something the mayor believes they have done. “We have shared information from reliable sources as we received it; we took steps during the first wave to close our operations as we could; we followed the guidelines in regards to reopening the campground and pool; we put in place safety precautions for our employees…[and] we took time to make educated, rational decision on things like the mask mandate,” Pope stated.
As for other members of the council, Daryl Koehn supported the decision, Randy Henning was not in attendance and Ed Josten, when reached for comment, replied that he was “not aware of any proclamation.”
For now, the mayor and city council will rely on another proclamation to spread the word about COVID-19 measures and guidelines to ensure the safety of all of Elkader.
