This Johnson County city may require everyone to wear masks inside public places
As businesses prepare to reopen, the Prairie Village City Council is considering requiring everyone to wear facial coverings inside public spaces.
At a meeting Monday night, Councilwoman Jori Nelson asked staff to draft an ordinance that would require people to wear masks inside businesses and indoor facilities. After a 90-minute debate, the City Council voted 11-1 to move forward.
At its next meeting on May 18, the council will likely vote on an ordinance.
“One of our primary responsibilities is protecting our residents and our businesses,” said Councilwoman Piper Reimer, who is a registered nurse. “It’s clear that one of the most effective, manageable and available things to all of us is to wear a face covering of some sort when we are out in public spaces indoors, in a business, restaurant or grocery store.”
The move comes as Johnson County will begin following Kansas’ plan for reopening businesses. Starting next Monday, stores and restaurants will be allowed to open with social distancing restrictions, and gatherings will be limited to no more than 10 people.
Gov. Laura Kelly’s statewide plan, which allows municipalities to issue stricter rules, strongly encourages everyone to wear face masks or coverings to prevent the spread of COVID-19 but does not mandate it.
And across the state line, the city of Kansas City is only encouraging people to wear masks. But businesses that can’t practice social distancing, such as salons and barber shops, will be required to provide masks and gloves for both workers and customers. Businesses will have the right to refuse service to customers not wearing masks.
The Centers for Disease Control and Prevention recommends wearing cloth face coverings in public where other social distancing measures are difficult to maintain.
In some cities, face mask requirements have become a flash point, leading to threats or violence. In Flint, Michigan, for example, a Family Dollar security guard was murdered after telling a woman to wear a face mask inside the store.
And the choice to wear a mask has become an increasingly political one. Missouri Gov. Mike Parson drew criticism when he refused to wear a mask as he visited small businesses in the southwest part of the state.
In Prairie Village, council members were split on whether to require face masks. Many argued it could be an effective way of preventing the spread of the coronavirus.
“It’s an opportunity to demonstrate some really important leadership in unprecedented times,” Reimer said. “Evidence shows this is not going away. We’re actually as a country just barely at the tipping point or maybe height of the pandemic. Which we don’t even know because testing is incredibly limited at this point.”
Some council members said the requirement could be especially important because Prairie Village is home to a major, widespread COVID-19 outbreak at the Brighton Gardens nursing home facility.
Details of what the ordinance might look like aren’t clear. Nelson, who proposed the idea, recommended requiring face coverings at indoor public spaces. Restaurant customers would need to wear masks except while eating. Masks would not be required at parks or other outdoor spots, she said.
City Attorney David Waters said the city would have to consider a host of legal issues. And officials would have to determine whether to enact penalties, such as a criminal citation or fine, against those who do not follow the ordinance.
Many officials were hesitant.
Mayor Eric Mikkelson said he is following the guidance from state and county public health experts, who have only strongly encouraged the public to wear masks. He worried that residents would be confused over varying requirements in different cities.
“If Kansas City and no other Johnson County cities do it — people are already very confused with a hodgepodge of rules every which way,” Mikkelson said. “I’m not there yet (that) this is a good thing to do.”
Some worried that the ordinance might be unenforceable.
Police Chief Tim Schwartzkopf said officers have responded to more than 50 calls regarding social distancing violations since late March. Police have focused on educating businesses and the public, and have not issued any tickets, he said.
He argued that the department does not have the capacity to respond to more calls of that type.
“One of my concerns is not being heavy-handed with our citizens,” Schwartzkopf said. “I think we’ve taken a measured approach in Johnson County where we’re on the education component right now. I’d rather create less conflict with people than having to respond to these calls to service.
“If the City Council wants to enact an ordinance, we’ll try to figure it out. But I’m not very supportive of enforcing people wearing masks. I’d rather just be as the state is where we’re encouraging it.”
Councilman Terrence Gallagher said that while he wears a mask and encourages everyone to do so, he worries some residents would still ignore the rule.
“What I’m afraid of is are we creating a lot of work and cost for something that we don’t know if it’s going to work?” he said. “There’s still going to be individuals that don’t follow through with it.”
Councilwoman Courtney McFadden argued that the burden of following and enforcing the ordinance could possibly fall to business owners, who are already struggling with reopening. She was the only council member to vote against directing staff to draft an ordinance.
Even with concerns, the majority of council members said they are open to considering the ordinance at the next council meeting. But whether they adopt it or not, they all urged everyone to wear masks.
This story was originally published May 5, 2020 at 4:29 PM.
