Updated 12:25 p.m. Saturday to clarify Ellis County Commissioner Dustin Roths positition.
By BECKY KISER
Hays Post
An ordinance requiring mandatory face masks in public was approved 4-1 Thursday night by Hays city commissioners.
Face masks must be worn inside any indoor public space where distancing of 6 feet is not possible for five weeks, beginning Monday, July 27, through Monday, Aug. 31.
There are 10 exemptions, primarily for health and work-related situations, as well as for children younger than 8.
The ordinance is published on the city's website, haysusa.com.
Commissioner Mason Ruder voted against the ordinance, saying he will wear a mask as recommended by his doctor, but believes the decision should not be a mandate.
"I think the risk for mitigation is up to the organizations, a majority of which in this community have stepped up to the plate and done what they need to do to protect their customers and their employees, and it didn't take any of us up here to do that," Ruder said.
He also emphasized the need for people to social distance and wash their hands regularly, as well as wearing masks.
"You need to do all of these things together," Ruder said. "You just can't just do one and expect this virus to go away."
Sandy Jacobs, vice-mayor, and Michael Berges both said their votes were based on public input, the majority of which favored the ordinance.
"I read every single email. I responded to every single email," said Jacobs, "and (it's) 65 percent in favor and 35 percent against."
Ron Mellick compared the situation to pain management.
"Whenever you are in extreme pain, the doctor wants you to get ahead of the curve, not behind the curve. They want to do the minimum that they can," said Mellick. "We want to start out with face masks. We don't want to go back to having businesses close down, wrecking the economy."
Adam Peters had earlier sent an email to commissioners with signatures of other people saying they would not shop in Hays if a mask ordinance was enacted.
Speaking in person, Peters quoted research he found contraindicating the use of masks.
"I and other people are going to go elsewhere if compelled to were a mask in the city of Hays," Peters said. "And that's not something I want to do. I'd like to support my local community."
Cheryl Duffy, who spoke just ahead of Peters, said she would no longer shop in Hays if masks are not required.
"I think a lot more people would feel safe if there were a mask ordinance," said Duffy, a breast cancer survivor. "I think it would be better for business."
Concern about the coronavirus' effect on the elderly and those with compromised immune systems were discussed by others attending the meeting.
"We took personal responsibility not to be in public," said Dave Staab, whose deceased daughter had a poor immune system.
"I didn't expect my neighbors, my city, to all wear masks. You guys are elected to represent all of us, not just a few vocal people," he said to the commission.
Elizabeth Schmeidler talked about her constitutional right not to be forced to wear a mask.
County Commissioner Roths offers support to Hays commissioners
On Monday, the Ellis County Commission reiterated its earlier decision not to enforce the governor's July 2 executive order for Kansans to wear face coverings in public. Counties are allowed to exempt themselves from the order.
Dustin Roths, county commissioner, also spoke to the city commissioners Thursday night.
"Of the 105 counties in Kansas — just so everybody doesn't think that somehow the county commission is off their rocker — 90 counties did not keep this mandate," Roths pointed out, "so I want you to think about the precedence you are setting."
Then Roths talked about the county commission's trust in Jason Kennedy, Ellis County Health Department health director, and about Kennedy's decisions and advice for controlling coronavirus.
"But I do want to tell you that if you do decide to put an ordinance in for masks, I will support you because I think that's what we should do," Roth said. "I'm so sick and tired of people taking public officials like us who are in really tough situations, and making our vote make it seem like we don't love or care about this community.
"I want you guys to make the decision that's right for you with the data that you are given. ... This does get emotional and I'll concede that to you," Roths said.
Speaking to the commission by phone was Dr. Ernesto Lopez-Corona, who was asked to explain face mask efficacy by HaysMed CEO Edward Herrman.
"Masks will stop the respiratory droplets from becoming aerosolized and becoming very small particles that will injure the other person's airway (when inhaled)," he said.
According to Lopez-Corona, such studies were conducted during SARS and MRSA pandemics in other countries, prior to the advent of COVID-19.
Empathy is the only thing that will get us through this, says health officer
"We currently have 34 active cases in Ellis County," Kennedy reported, "with two hospitalizations and, unfortunately, one death."
Ellis County has 3.5 cases per 1,000 residents.
"That puts us 39th in the state of Kansas as far as cases per thousand as they stand across the entire duration of the pandemic," Kennedy said.
Mandatory face masks are not included in the county's pandemic plan, based on 150 years of local viral transmission data, according to Kennedy. The plan was approved prior to the onset of the coronavirus.
"KDHE, CDC, public health officers all recommend. We don't get the ability to make mandates. That's for governing bodies," Kennedy said to the commission. "I understand you have a pretty difficult decision in front of you.
"KDHE and CDC recommend wearing cloth face coverings anytime you cannot maintain social distancing greater than 6 feet.
"Face masks work. They work in indoor environments. They work in high population density and high viral load environments. They show effectiveness on both sides.
"I think the only way we get through this is with empathy," Kennedy said.
Kennedy has three young children, an elderly grandmother in a long term care center, and both his parents are battling cancer.
"Every single one of us a population that we care about, a population that we serve," he noted.
"How we do that, how we impact them, how we emphasize with them, how we build leadership and trust and how they build trust in us, determines how we make it through the back side of this."