As mask order takes effect in Jackson County, legislator seeks votes to reverse it
.png "Jackson County Legislature chairman Dan Tarwater, in response to a question about the county’s new mask mandate, said he hoped the legislature can overturn it.")
On the day a new mask order took effect in Jackson County, the chairman of the county legislature told a constituent he hoped to convince a majority of his colleagues to get rid of it before it is scheduled to expire in September.
“Right now we don’t have the votes to override the mandate,” Dan Tarwater said in a private message to a constituent that she then posted on Facebook. “I am hoping that in a week or so we can vote on it and get rid of the mandate.”
It would take at least five of the nine county legislators to reverse the health order signed by County Executive Frank White, health director Bridgette Shaffer and White’s chief of staff Caleb Clifford in his role as interim emergency management coordinator.
Citing guidance from the federal Centers for Disease Control and Prevention, the order requires nearly everyone 5 and older to wear masks at indoor public places in unincorporated areas and cities other than Independence and Kansas City, which are governed by their own health departments.
The exceptions are people with certain disabilities and health conditions that would make wearing a mask a hardship. Masks are not required while actively eating or drinking at bars and restaurants.
It was a Facebook post by a Blue Springs bar that prompted the exchange in which Tarwater revealed his intentions to mount a challenge to the mask order.
Responders Grill & Bar asked patrons to let county legislators know how they feel about the restrictions, which were reimposed two months after the last mask order was lifted and life appeared to be returning to normal.
A rise in hospitalizations, especially among the unvaccinated, caused the county to reverse course, leading to consternation among some.
“In light of the new mask mandate (especially since neighboring jurisdiction(s) have overturned such measures and therefore do not have to play by the same rules) we are asking that each of you please take some time out to exercise your first amendment rights, by contacting those elected to represent us regarding this matter,” the bar owners said.
“PLEASE NOTE: We are neither advocating for nor against masks, but rather asking that each citizen make his/her individual voice heard on this issue, regardless of stance, in an effort to ensure that we always remain a community governed for and by ‘we the people.’“
Attached to the post was contact information for members of the county legislature. Linda Malotte of Blue Springs said on Facebook that she sent emails to everyone on the list, noting her objections to mask mandates, which she called “a political move by cowards” that was not based on science.
“I agree,” Tarwater wrote her back on Monday afternoon, and went on to note his intention to attempt an override White’s decision. Malotte did not immediately respond to a Facebook message seeking comment.
Reached Tuesday, Tarwater told the The Star that he was not actively trying to build a majority for an override, but if he suddenly did have the votes he would make that move after consulting with White. Right now, he thinks he may be one or two votes shy of that majority.
“If we had the votes, we would do it,” he said, while adding that he believes that wearing a mask should be a personal choice and worries that mask orders backfire.
“I believe in personal responsibility of people making their own decisions,” he said. “If the people keep seeing people wearing masks, they won’t get vaccinated. I’d much rather have them go get vaccinated.”
White told legislators Monday that the new order was imposed because too few people were getting vaccinated at a time when the transmission of the virus is higher than before due to the more contagious nature of the delta variant. Area hospitals are being overwhelmed with patients infected with the virus.
He said legislators will most likely be asked at their Aug. 30 meeting to extend his order, which otherwise will expire at 12:01 a.m. on Sept. 8. A new state law requires that a local public health agency’s restrictions last no more than 30 days unless the governing body of a city or county authorize an extension.
Responders Grill & Bar co-owner Tracy Ayala says she is caught in the middle of the mask debate. As a food-service industry worker, she must comply with all sorts of health rules concerning good hygiene and proper food handling. She sees wearing a mask as just one more rule for the duration of the current coronavirus health order.
But she feels uncomfortable when she is put in the position of questioning whether customers have a legitimate reason not to wear a mask when they say they have a health condition that allows them not to.
“During the last go-around they were expecting us to police everyone who walked through the door,” she said.
She also believes that many of her customers are tired of the COVID-19 restrictions, and that’s why she encouraged them to let their elected officials know how they felt.
“I think people are ready to be done with the mask mandate. At least that’s what they’re telling me,” she said.
