Compliance with face mask and bar curfew order is no longer voluntary in Sedgwick County

Compliance with the coronavirus public health order on face masks and a bar curfew is no longer voluntary in Sedgwick County.

Health officer Dr. Garold Minns signed a new emergency public health order on Monday, removing the phrase “voluntary compliance” from the existing COVID-19 order. The mandatory health order goes into effect first thing Tuesday morning and runs through the end of day Oct. 21.

“Any persons or organizations within Sedgwick County must comply with the order,” county officials wrote in a news release. “Minns will continue to review and monitor COVID-19 trends in the community and will consider lifting restrictions as trends move in a positive direction.”

The update follows reporting from The Eagle showing that many bars in Wichita defied the curfew over the weekend.

The health order has required face masks, an 11 p.m. curfew on bars and a 15-person limit on mass gatherings. But previous versions of the order said that while it was lawful, compliance was voluntary. The update removed wording that the order “cannot be enforced through criminal charges, fines, or civil penalties.”

Even though the Legislature changed violations of health orders from a criminal matter to a civil one, County Manager Tom Stolz said last week that the county can still take actions to gain compliance.

The county could file for an injunction against businesses that defy the order and get a court order for them to comply, he said. That action would be at the discretion of the County Commission.

Also, Minns, as the county health officer, has the authority to order a business to shut down as a threat to public health, Stolz said.

State law allows fines of up to $2,500 for violating a health order.

Commissioners react

County Commissioner Jim Howell said although he disagrees with the public health order in its current form, he’s disappointed that the order had to be amended. He said the bars and clubs that have defied the order create an uneven playing field, essentially punishing businesses that have complied with the order.

“There are some other bars saying ‘We’re not the bad guys here. We’re following the rules, we took out some of our tables, we have social distancing, we require masks; and we close at 11. But the bar down the street isn’t doing that, so it’s hurting us.’”

Howell said he worries that the county is being inconsistent with enforcing every part of its order and would like to see the commission or Minns change it to align more closely with its intent — to curb the spread of the virus.

He called the curfew “arbitrary.”

“The clock is a funny way to deal with this,” Howell said. “If masks and social distancing and gathering limits are the things that work, we should focus on enforcing those parts of the order, too. If we’re going to enforce the order, we should enforce the entire order.

“Those are the real concerns, and I’m assuming the problems with social distancing, gatherings and mask wearing at bars are happening whether it’s 10:45 or midnight or 2 a.m,” Howell said.

So far, neither the county nor the city, which has an ordinance requiring mask wearing in most public settings, have used legal action to enforce mask wearing, social distancing or curfews.

If the businesses fail to comply with the latest change, the county’s enforcement is likely to “escalate,” Howell said. That could result in a showdown between the county and businesses struggling to survive financially.

“Then the question will be, ‘Are we really going to take these businesses to court (for violating the curfew)?’ Because that’s where this is headed if we continue to pursue this,” Howell said.

What the order says

Minn’s order states that “wearing a mask in public is the easiest and most effective way to protect each other, help keep our businesses open and our economy running, and get and keep children in school.”

It also states that more young people are testing positive and that “bars and night clubs have commonly been locations frequented by younger adults who tested positive for COVID-19.”

The order requires people to cover both their mouth and nose with a facemask in public places when they are indoors, waiting to enter an indoor public space, or outside when six feet of separation is not possible. Masks also are required for public transportation and obtaining any health care services, including from veterinarians.

Among the exemptions: children under five, people with medical conditions or who are hearing impaired, some sporting events and people who are eating and drinking in restaurants provided that parties are seated at least six feet apart.

Protests expected

The order comes two day before a group called UnMask Wichita/UnMask Sedgwick County is planning a protest during the Sedgwick County Commission meeting. The movement drew 120 speakers last week to protest the Wichita City Council’s mask mandate last Tuesday.

Group members are being urged to sign up before 5 p.m. Tuesday for the commission’s Wednesday morning public comment agenda, when individuals can address commissioners on a topic of their choice whether it appears on the meeting agenda or not.

Because of the large number of people expected to want to talk, the public comment venue has moved out of the county courthouse to the Extension Service Office at 7001 W. 21st St, Wichita. The public comment period, which usually takes place at the beginning of the meeting, has been moved to a 10:30 a.m. start so commissioners will have time to finish their other business.

Unmask has created a Facebook event inviting supporters to attend.

Tonya Hudson, the leader of the group said the idea is to generate a similar crowd to the turnout at the council meeting a week ago, where a parade of speakers put on a seven-hour display of mask opposition where there was one person for the city’s mask mandate and 120 people against.

The protest was partially successful.

While the council extended the mask mandate to Oct. 21, the council members added in language indicating it will be the last extension and that they’ll end it earlier if certain conditions are met.

Minns’ county order is separate from the city’s.

Members of the Unmask group oppose mask mandates on multiple grounds: claiming that masks are ineffective, that protecting other people’s health is not their responsibility, that masks force people to rebreathe their own exhaled carbon dioxide, that God will protect them from COVID and that public health orders in general violate their constitutional rights.

Many also claim they’re being ostracized by businesses for not masking up.

“There were an insane number of people who have lost their jobs simply because they couldn’t wear a mask, even though they had a medical exemption,” Hudson said. “They’re not being accepted. There’s discrimination taking place, there’s harassment, both verbal and physical. And then there’s the physical harm being done because wearing a mask is not healthy.”

This story was originally published September 14, 2020 at 4:24 PM.