Wichita police issue tickets for violating city’s mask mandate

The Wichita Police Department is now issuing tickets for violations of the city’s mask ordinance that requires most people to wear protective face masks in public to fight the coronavirus.

The ordinance passed July 3, but was not enforced until Saturday, when four tickets were issued at bars that were operating after the county’s 11 p.m. curfew.

City officials say the tickets were issued only after education attempts failed and some bars and nightclubs across Wichita rebelled against COVID-19 restrictions aimed at curbing the spread of the coronavirus.

“I’m not sure what they thought was going to happen,” Mayor Brandon Whipple said. “We’ve been communicating through every outlet we have about the mask ordinance, which has been going on for months now.”

Whipple said the city sent out police officers to tell businesses about the ordinance and what it requires and sent letters earlier in the summer to businesses that weren’t following public health measures.

“We provided multiple avenues of information about the requirement and the good reasoning behind it,” Whipple said. “If at this point, they still are in defiance of the ordinance, then I’m not sure what they thought were going to be the repercussions. At that point, you have to actively try to get a ticket.”

Wichita police spokesman Officer Charley Davidson said four businesses were cited Saturday night for violating the mask ordinance.

One bartender, who asked not to be named out of fear of retaliation, said he felt singled out after Police Chief Gordon Ramsay and six other officers issued him a ticket Saturday night. The ticket was issued to him personally, and not the business. He said that the police officers, who were also outside the bar, didn’t have masks on either.

“I was outside the establishment when they approached the business,” he said. “They never witnessed me inside without a mask on but issued me the citation because I said I was in charge.

“Staff members and patrons inside were not wearing masks but I was singled out and issued the citation because I was in charge of the bar open past 11 p.m.,” he said.

Sedgwick County has placed an 11 p.m. curfew on bars and ordered bars to operate at 50 percent of capacity.

City Council member Jeff Blubaugh, who voted against the mask ordinance and an extension that passed earlier this month, said the city’s enforcement efforts should remain focused on education.

“I don’t want to see us going in there and using officers to be the mask police or people calling 911 to report people not wearing masks,” he said. “It is required, but I think we are still trying to stay on the recommended side of things.”

He said the mask-ordinance tickets handed out over the weekend, which are $25 for a first offense and escalate to $50 and $100 for second and third violations, basically serve as a warning for businesses operating after curfew, above capacity and without other public health protections in place.

“From what I understand of the situation, some of these establishments were well beyond capacity,” Blubaugh said. “Instead of a fine for that violation, which would be much more expensive, they got a $25 ticket.”

Blubaugh said he remains skeptical of that bars and clubs are a problem, saying the state and county’s data simply doesn’t support that the virus is spreading at those businesses.

The Sedgwick County Health Department’s COVID-19 dashboard shows 12 clusters at businesses in the county. The county does not identify businesses by name or type and has denied the Eagle’s requests for the names of businesses with clusters.

The Kansas Department of Health and Environment’s dashboard shows one active cluster in the entire state at a restaurant or bar. The state gives the number of cases — four — but not the location or name of the business.

Although Blubaugh disagrees with the mask ordinance, he said people should follow the rules. He likened the mask-ordinance tickets given out over the weekend to police giving a seatbelt ticket to a speeder who gets pulled over for going 100 mph.

“It could be much worse,” Blubaugh said. “I think it’s a reminder to, ‘C’mon guys, let’s follow the rules.’”

Masks are required by city ordinance and a county health order. The city ordinance and county order remain in effect until Oct. 21. The city’s mask ordinance could expire earlier, but only if COVID hospitalization numbers improve and the positive test rate drops below 5% and stays there for two weeks.

This story was originally published September 15, 2020 at 4:58 PM.