Manhattan reconsidering mask ordinance, further discussion planned for July 7

Manhattan will continue working on a mandatory masking ordinance after a majority of commissioners expressed support Tuesday.

Manhattan officials on May 19 eyed a similar law — raised for discussion by Mayor Usha Reddi — but amid enforcement concerns the ordinance failed to get traction in the commission as well as with institutions such as Kansas State University, the Manhattan Area Chamber of Commerce, Riley County police and the Riley County Emergency Operations Center coordinating the county’s COVID-19 response.

A recent surge in local novel coronavirus cases, though, has again brought a mask ordinance to the forefront of officials’ minds. The day following that May meeting, Riley County reported 6 active cases and a cumulative 60 positive tests overall. Those numbers as of July 1 have increased to 132 active cases and a cumulative 242 positive tests overall. During that time, hospitalizations have stayed steady — one confirmed positive patient is receiving treatment at Via Christi.

In that time, Kansas State University has mandated masks in public spaces when physical distancing is not possible and required faculty and staff to undergo training to return to on-campus work. Fort Riley has also required masks of its soldiers and banned service members from patronizing Aggieville due to its outbreak classification. Both have now sent letters of support for a Manhattan ordinance, joined by the Riley County Health Department and EOC as well as the MHK Clinical Task Force and numerous health care providers in the city.

“[R]ecent studies demonstrate that wearing a face mask in public corresponds to the most effective
way to decrease and prevent inter-human transmission of COVID-19 if communities are continuing to be
active,” reads a letter signed by RCHD, the clinical task force and numerous medical providers.

Specific details on an ordinance are pending Gov. Laura Kelly unveiling her statewide mandate on Thursday, requiring State Finance Council approval. But multiple commissioners did not want to leave the decision in the state’s hands, expressing uncertainty that the governor’s order will be implemented.

In addition to concerns about health and well-being, Reddi says the rise in numbers are leading multiple Manhattan businesses to close again.

“Our economy is slowly shutting down from us doing nothing,” says Reddi. “And if we continue to do nothing, the results will be the same.”

“I do not want to fine people, […] that is not the goal of this — the goal is so people will wear it so we can keep our businesses open.”

Reddi also proposes a robust public information campaign in addition to using federal COVID relief funds to help acquire and distribute masks and hand sanitizers to the community.

Many emails on the ordinance also were submitted to commissioners, some under false names and addresses. Multiple expressed misgivings with the ordinance, questioning its effectiveness and enforceability. Mayor Pro Tem Wynn Butler felt similarly, saying an ordinance goes too far and reiterated past support for a resolution promoting adhering to CDC, KDHE and RCHD guidelines due to enforcement concerns.

“We can’t expect businesses to enforce it,” says Butler. “You’ve got to put yourself in the boots of that police officer or that code inspector that’s going to have to go face-to-face with these people — it’s just a tough one. I wouldn’t want either of their jobs.”

Butler also says it’s been indicated that Kansas State University police won’t be involved with on-campus enforcement, questioning how they can expect RCPD to do so in that light, and further saying the EOC should be taking the lead under a unified command response to the pandemic — not the city.

Commissioner Mark Hatesohl echoed similar concerns, saying he doesn’t want to feed into “paranoid germaphobia” in the community and that less serious symptoms and low hospitalization rates locally will make it difficult to get people to get on board as many don’t see the virus’ danger.

“And the confrontations that will happen because of that, that’s going to happen if people sort of take enforcement upon themselves because we don’t have enough police to enforce it,” says Hatesohl. “The police can’t enforce texting and driving and looking at your phone.”

Commissioner Aaron Estabrook, on the other hand, says the city needs to take action on an ordinance to ensure consistency with K-State and Fort Riley as well as across state lines. He also says the city should take destiny into its own hands as multiple state and county level officials are on the ballot and have political interests they need to fulfill.

“Us wringing our hands over supposed policing and things that have happened all across the country are just another way to stall and delay and [say]‘let’s let the governor lead’ all of a sudden,” says Estabrook. “No, let’s lead our own city.”

Estabrook points to an ordinance out of Fayetteville, Arkansas as an example. The Lawrence-Douglas County health officer and Kansas City area health officials have also implemented mask mandates via health orders.

Commissioner Linda Morse agreed with Estabrook, saying the city should follow the science and local medical advice “for the good of the whole.

“I have a hard time with enforcement, and we’re just going to have to get to that point of the ordinance,” she says. “K-State has a good, firm policy but no enforcement — that may be where we have to go in order to get some kind of [compliance]across our county lines, across our city and I have the courage to go there.”

Butler pressed commissioners in support of an ordinance for enforcement details, asking how “draconian” they would want to go. He noted that defaults are often $500 fines with a possible 6 months in jail time. He had proposed code enforcement to handle enforcement — if the city goes that route — rather than police, also advocating for masks to be given out for first offenses.

Commissioners, though, expressed a desire for city administrative staff to research their options and to look to other government mask laws for possibilities.

“To me an ordinance — and I’ve looked at several of them — none of them said $500 and jail time,” says Reddi. “But they did have an enforcement structure to them.”

Estabrook also called for a September expiration date, giving the city a chance to re-evaluate its position and the impact of students returning to campus, which is currently planning to re-start in-person classes on August 17.

The item returns to the commission for further deliberation on July 7.