Jackson County narrowly votes down new mask mandate, but not because of Schmitt threat
Jackson County won’t be reinstating its mask mandate, but a threatened lawsuit from Missouri Attorney General Eric Schmitt was not the deciding factor for most county legislators.
Rather, those who opposed the measure mainly believed that Jackson County would be out of step with the rest of the region if it had a mask requirement and most other jurisdictions didn’t.
“I don’t think the timing is right now,” legislator Charlie Franklin said.
Legislators voted 5-4 against a measure that would have required face coverings for people 5 and older in public spaces through Jan. 12. Jackson County health orders only affect those parts out of the county outside the city limits of Kansas City and Independence, which have independent health departments.
Transmission of COVID-19 has been on the rise in Jackson County, with children and teens accounting for 30 percent of the cases, according to the Jackson County Health Department.
County Executive Frank White said the data supported reimposing the county health order, but legislators have been hearing from many constituents who were strongly opposed. He said he understood the pressure they were under.
“We don’t put politics ahead of science,” he said. “Politics is temporary. Healthcare is forever.”
Legislators also voted 5-4 to end the previous mask order ahead of schedule on Nov. 12, despite data showing that a mask requirement was advisable under the guidelines set out by the federal Centers for Disease Control and Prevention. But the makeup of the majority and minority factions was slightly different this time.
In both cases, mask opponents included Republicans Jeanie Lauer and Theresa Galvin, as well as Democrats Tony Miller and Dan Tarwater. Those voting in favor of masks both times were Democrats Crystal Williams, Scott Burnett and Jalen Anderson.
The deciding votes were different each time, however. Franklin supported the mask mandate in November, but switched his position on Monday . Ron Finley voted in the majority in November, but voted in favor of masking this time. Both are Democrats, as is White.
As of Dec. 3, 51 percent of county residents eligible to get the shots have completed the two-shot vaccination series. Keeping that number down is the fact that only 15 percent of children ages 5 to 11 have gotten their first dose, much less a second. Only 3.2 percent of that population is fully vaccinated, the department said.
Schmitt had threatened to sue the county if it reimposed its mask requirement. A previous suit challenging an earlier mask mandated is pending.
Schmitt said it would be illegal for Jackson County to reimpose a mask mandate, citing a recent court decision. A Cole County judge struck down regulations that give local health departments the power to issue quarantines and other public health orders, such as closing businesses.
“State law also prohibits reviving the illegal mask mandate,” Schmitt wrote. “Neither the (county) Charter nor state law permits you to issue an illegal order.”
But critics say Schmitt’s interpretation of the Cole County ruling is wrong. It did not negate elected local lawmakers’ power to pass their own health measures. A new public health law passed by the Missouri General Assembly this year allows for county and city health departments to issue orders like mask mandates only if they are approved for 30 days at a time by local governing bodies — such as a county council.
This story was originally published December 13, 2021 at 11:12 AM.
