Allegheny County nixes proposed mask-wearing mandate to thwart spread of covid
An Allegheny County proposal to mandate mask-wearing at large outdoor events and most indoor gatherings failed to advance Tuesday night.
The bill was pitched as an effort to thwart the ongoing spread of covid-19 while local cases and hospitalizations are on the rise and vaccination rates remain below targets.
County Council nixed the proposed ordinance on a 2-10 vote, with a majority of members raising concerns over the bill’s scope, clarity and legal ramifications.
“I just don’t believe it is this body’s role to tell people out there how they have to live their lives,” said Councilman Sam DeMarco, spurring applause from several people seated in the meeting’s audience at the courthouse in Downtown Pittsburgh.
Councilman John Palmiere similarly questioned whether the county had the “authority to make it stick.”
Under the now-nixed ordinance, residents would have been required to wear masks at any indoor gathering outside of single-family homes and outdoor activities that drew more than 250 people. Those who failed to do so could have been fined up to $100 per offense.
“This is not about being political,” said Councilwoman Olivia Bennett, who co-sponsored the bill with Bethany Hallam. “This is about keeping people alive. This is about protecting the public.”
RELATED: Hallam, Bennett to introduce mask requirement proposal to Allegheny County Council
Three members abstained from the vote during the meeting — including Hallam.
Speaking through a virtual connection during the meeting, she explained that she did so because there were not enough chances to get public input and allow experts to weigh in.
Several council members said that they had serious doubts the county has the legal authority to enact such a mandate.
Councilman Nicholas Futules said he would have supported a move to recommend mask-wearing as opposed to mandating it. He said he couldn’t imagine enforcers going to “a football game and 60,000 Steelers fans getting a ticket.”
“That would be ridiculous,” he said.
The proposal cited a 24-page document from the Centers for Disease Control and Prevention, “The Science of Masking to Control Covid-19,” to support the need for the law, along with seven published reports that study the effect of wearing masks to control the spread of covid.
Several residents who submitted public comments said they wanted to be able to make the choice to mask up or not for themselves.
The failed legislation noted what it called the “extensive politicization” of covid-related issues, including mask mandates, and stated that those opposed to mandates have “largely discussed the social and/or political implications” of masking, “rather than its effectiveness from a health perspective.”
As proposed, local police countywide would have been able to enforce it by issuing summary offenses and fines up to $100 for those who did not comply. If it had passed, it would have been effective until April 30, 2022, unless council acted to repeal it sooner.
On Aug. 31, Gov. Tom Wolf ordered a mask mandate for school students in Pennsylvania, a move that was contested by some students and parents in Westmoreland and Allegheny counties.
RELATED: Students, parents protest state school mask mandate
Westmoreland County’s commissioners have said they have no authority to institute a mask policy outside of county properties and buildings, and have not issued any requirements for face coverings during the pandemic.
The county follows state masking guidelines, and masks were required at the courthouse and other county buildings under the governor’s mandate until that expired in June.
Masks are not required in most courtrooms. Westmoreland County Judge Jim Silvis, who handles family court cases, issued an order late last month to require masks in his courtroom.
Staff writer Rich Cholodofsky contributed.
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