Monterey County elected officials move to mandate masks countywide

SALINAS – The Monterey County Board of Supervisors took the first step in mandating indoor masks countywide Tuesday in the face of a COVID-19 infection surge spread mostly among the unvaccinated.

Supervisors approved language for a countywide indoor face-covering ordinance by a vote of 3-2.

A similar motion failed a week ago because it was presented as an emergency ordinance, which would require four of the five supervisors to approve the measure. That vote failed on a split 3-2 vote with Supervisors John Phillips and Chris Lopez opposing the action.

On Tuesday the ordinance was taken out of an emergency category which allowed it to pass by a simple majority. Phillips and Lopez again cast the only “no” votes.

The mandate does not go into effect right away. Tuesday’s action means the ordinance will come back for final approval on Sept. 21. It is rife with different triggers based on the COVID-19 infection rate as determined by data from the U.S. Centers for Disease Control. In its simplest form, the mask mandate will go into effect in a month if local case rates exceed certain levels.

The actual language of the ordinance reads: “The indoor face covering rule only goes into effect when Monterey County’s Community Transmission Rate, as calculated by the CDC, is either ‘substantial’ or ‘high.’ Face covering requirements would also be triggered seven days after the County’s Community Transmission Rate transitions to ‘substantial’ or ‘high’ from ‘moderate’ or ‘low.'”

It continues on reading “the face covering mandate would end at the earlier of these to occur: 30 days following the transition of the County’s Community Transmission Rate to ‘moderate’ or ‘low’ from either ‘substantial’ or ‘high,’ or upon order of the Board of Supervisors, unless renewed or extended.”

It was even difficult for some supervisors to follow the bouncing ball.

The ordinance will require all residents, both in cities and unincorporated areas, to wear facial coverings indoors with some exemptions, such as when people are in their own homes, with family members, alone in a closed room, taking part in an activity where masks cannot be worn such as eating or where a mask would impede a medical procedure, or where all persons present show proof of vaccination.

It was emphasized that the exception for vaccinated people would require everyone in a room to be vaccinated, not a mixed bag of some people vaccinated and some not. Business or facilities operators would be responsible for enforcing the mandate. Failure to wear masks indoors can result in fines.

“With the low infection rate, the entire health (department) staff does not support this. It will undermine our health officials,” Supervisor John Phillips said, calling the mandate “arbitrary and capricious.”

Not exactly. When asked on Wednesday whether the ordinance would undermine the position of county health officials, Public Health Bureau Chief Dr. Edward Moreno responded that he would “recommend wearing face coverings in all indoor settings.”

Another caller, King City Mayor Mike LeBarre, made a “freedom of choice” argument and accused the board of “stepping in and assuming the role of our health officer.”

Lopez, whose district King City is located, said he has heard from several city councils that “we would be stepping into their jurisdictions,” and subsequently voted “no.”

Caller Michelle Lindley accused the board of wanting to override Moreno. “Leave health decisions to the health director,” she said.

But others called in thanking the board for moving to protect the health of the community, including Carolyn Swanson, a school board member in Pacific Grove who was speaking as an individual. She told the board that she has a 9-year-old daughter who is vulnerable if she becomes infected and cannot be vaccinated. Masks, she said, are the only means of protecting her daughter.

Another caller who identified herself as Diana Prince claimed the county has already achieved herd immunity, the status of an epidemic where enough people have been vaccinated, infected or have died that transmission of the virus is unlikely.

Moreno on Wednesday declined to support Prince’s statement, instead choosing to explain that herd immunity is a difficult determination that is based on several factors. He has not declared that herd immunity has been reached in the county.

Supervisor Luis Alejo said his constituents support a mask mandate.

“Delta is the most deadly variant and if you are vaccinated you can still pass it along,” he said. “But if you are vaccinated and masked it is much safer. We need to protect the people we work with and protect the elderly in their homes.”