By BECKY KISER
Hays Post
Friday's special meeting convened by the Hays city commission to consider a second extension of the face covering ordinance was much quieter — and shorter — than the first such meeting on Aug. 27.
First enacted on July 27, the ordinance requires people in Hays to wear a face covering in public, with some exceptions, if they are unable to social distance at least 6 feet. It was set to expire Monday.
Two uniformed Hays police officers were posted outside city commission chambers, while Police Chief Don Scheibler — also in uniform — remained in the audience.
Approximately 10 residents attended the one-hour special meeting that was requested Thursday night by Mayor Shaun Musil.
Musil opened the public comments by reading aloud a letter of support from 12 HaysMed physicians.
"There is an increase in hospitalizations and deaths of Ellis County residents. ... During the pandemic there have been a number of published studies reporting evidence that masks reduce the transmission of the virus," were statements included in the letter.
At least one HaysMed physician opposes the mask ordinance.
Ron Holweger, M.D., an ophthalmology specialist, was one of eight people speaking — with a three-minute time limit — against the ordinance.
Holweger said only certified N95 face masks (used by health care professionals) protect the wearer.
The face masks typically worn by the public "don't protect myself but only protect others. ... An N95 mask will protect you from me, whether I'm wearing a mask or not," Holweger said.
"Until you come to the point where you actually have people wear effective protective equipment, I think this is all a farce," he declared.
"I just feel you are infringing on everyone's rights in Hays, Kansas," said Shawnda Werth, "and I do believe most people don't want to wear masks."
Werth and Kaci Kirmer told commissioners they no longer shop in Hays because they don't want to have to wear a mask.
Mask requirements in public aren't keeping away all customers.
"Sales taxes across the city are up significantly," noted Commissioner Michael Berges.
"Our occupancy is down 40 percent," reported Tony Taylor, owner of On The Rocks Bar and Grill. He said the owners of Sip 'N Spin and The Golden Q are facing the same problem.
Taylor wanted Musil, owner of the Paisley Pear Wine Bar, Bistro and Market, to recuse himself from the vote.
"He's a competitor," Taylor said of Musil, "and he received more (CARES Act) financial aid from the county than we did. ... Only 50 businesses knew about it and applied. We didn't know about it."
Musil refused to recuse himself.
Instead of choosing a date for the expiration, the commission opted to use COVID-19 metrics suggested by Berges and supported by the Ellis County Health Department.
“We don’t know if whether this virus is going to peak or subside or abate, or when that will be," Berges said, "So the idea of selecting a date and then revisiting it to decide if it’s working or not or helping or not, doesn’t appeal to me.”
After more discussion, commissioners voted 3-1 to extend the face mask ordinance. Mason Ruder voted against the measure as he did the first extension. Ron Mellick was absent from the meeting.
The ordinance now will be lifted if the seven-day average of new cases is at five or fewer for 14 consecutive days — or if Gov. Laura Kelly's statewide emergency declaration is lifted.
The Ellis County Health Department reported Friday an increase in the average number of new coronavirus cases per day in the last seven days — from 11 on Wednesday to 13 on Friday.
The department also reported the sixth death related to COVID-19.
"As we look to the future of COVID-19, without successful vaccines or therapeutics, no realistic end is in sight," Health Services Director Jason Kennedy said in an emailed statement to Hays Post.
"It is imperative that we each make personal choices to protect ourselves and our community," Kennedy added.
He also emphasized "basic health principals as we navigate the new normal.
"Do not gather in groups. Do social distance. Do wash your hands frequently. Do wear a mask if you cannot socially distance. Do isolate immediately if you feel ill. Do call your doctor for questions regarding your symptoms and testing. Do continue to protect yourself, loved ones and the community," urged Kennedy.
During the meeting discussion, Musil and Vice-Mayor Sandy Jacobs said they have reached out regularly to Kennedy for his expertise.
A Friday morning news release by the University of Kansas Health System, which includes HaysMed, noted "HaysMed reports 12 inpatients with one in the non-infectious but recovering phase."
Following the vote, Musil said his 9-year-old daughter is in the middle of a 14-day quarantine.
"She had a mask on around kid that tested positive and was within six feet. Half of her [Wilson Elementary School] class got quarantined.
"Personally, I hope to God that it worked," Musil said.