Winfield residents gather at the Island Park Pavilion Monday evening to comment and listen during a special city commission meeting to decide a mask ordinance within city limits due to COVID-19. (Photo by Brady Bauman)
(Updated with link to ordinance document)
The Winfield City Commission voted unanimously Monday night to require face masks when out in public within city limits.
The commission met outdoors at the Island Park Performance Pavilion in Island Park in Winfield to allow citizens to be present for public comment while maintaining social distancing. The meeting was also streamed online and allowed public comment for those viewing from home.
The ordinance will take effect Friday following the publication of it in the newspaper and will be reviewed again by the commission on Aug. 13.
The ordinance, released by the City of Winfield’s website Tuesday morning, says anyone in violation would be guilty of a misdemeanor. Fines will be $25 for the first violation, $50 for the second violation and $100 for each additional violation.
Exemptions have been made for those with health conditions and disabilities that prevent wearing a face covering.
A full copy of the ordinance can be read here.
Friday morning, the Cowley County Commission voted 3-0 to opt out of the governor’s executive order requiring masks across the state, but cities are still allowed to make their own decisions regarding the order.
So far, the City of Arkansas City has yet to address the governor’s order. Ark City Public Information Officer Andrew Lawson told KSOK-NewsCow Monday night there is nothing on the agenda regarding any action on masks for Tuesday’s meeting. The meeting will be held at 5:30 p.m. inside City Hall in Ark City.
Cowley County Public Health Officer and City-Cowley County Health Department Director Thomas Langer was on hand for the meeting, along with Winfield Police Department Chief Robbie DeLong and USD 465 Superintendent Dr. Nathan Reed.
As far as enforcement of the new ordinance, City Manager Taggart Wall said during the meeting that police cars could be stocked with masks and that they can be offered to those not in compliance.
After the meeting, DeLong told KSOK-NewsCow that his officers will not go out of their way to stop or question anyone about wearing a mask, and he stressed that a citation is an option he hopes his officers do not have to approach.
“It would be as a last resort,” DeLong said. “We’re going to do everything we can to work through a better solution than that.”
DeLong said the department was ready to support the commission vote — no matter what was decided.
“We’ll get through it,” he said. “Like I said when I made my remarks, I was honest — no matter what route the governing body goes, we’re a part of it. And it’s to be there to support and provide our resources, so, we’ll do what we need to do and support (the commission’s decision).”
The Full Video Of The Commission’s Comments And Vote Can Be Viewed Below
Several citizens were in attendance of the meeting and were spread out — many in lawn chairs — away from the pavilion and several others were following online and allowed to comment from home.
Winfield resident Gary Brewer told commissioners he noticed a Facebook post from his friend, Joy Hathaway Lenz, also of Winfield, expressing disappointment with the county’s decision Friday.
“That triggered over 300 responses over the next three days, indicating it was far more than just a couple of people who had communicated in advance with those county commissioners there support for the mask issue,” Brewer said. “Along the way, we noted the City of Wichita had enacted to adopt the mask ordinance within their city limits after their county commissioners opted out.
“Joy and I are here representing a large body of citizens as spokespersons to ask the Winfield governing body to act not on emotions, but on the best scientific thinking on this date and adopt the mask requirement similar to that of Wichita.”
Lenz said the Winfield population has a proportion of people who are “high-risk” for the virus. She referenced the Kansas Veteran’s Home, several senior living and nursing facilities and the corrections facility.
Before urging the commission to vote in favor of an ordinance, Lenz — who described herself as high-risk for COVID-19 — said she also worries about the threat of another shutdown if cases continue to increase.
“I’m also concerned about the economic impact if we have many, many cases in our community that businesses will have to shut down again and that schools will not open as normal,” she said. “Masks are not comfortable to wear, they’re not fun — none of us wearing them think that — but they are a way to protect other people and we have a responsibility as citizens to care for the common good of all and to stand up for our most vulnerable populations who are at most risk for dying or having life-long side effects from this illness.”
Brewer also told the commission that mask use has bi-partisan support.
“This is no longer a partisan issue, as leading Republicans are advocating masks, including our own senator, Jerry Moran,” he said.
Of the roughly 10 citizens who addressed the commission during public comment, more were supportive of the ordinance than against, however, a few respectfully told the board such an ordinance was an attack on their freedoms and cautioned against the complications regarding enforcement.
Michael Kelley of Winfield urged the commission to allow citizens to make their own decisions regarding mask use.
“I love the fact people are wearing masks, I applaud you, I support your decision,” Kelly said, talking to both the commission and those in attendance wearing masks. “You have made a decision, based on what’s available, that this is the right for you, and the right thing for your family, and I support you 100 percent.”
Kelley said he and several like him who are against the ordinance are not in opposition because of a lack of care for others, but that they have reached different conclusions regarding the science.
But overall, Kelley said he opposed an ordinance because it makes citizen’s decisions about masks for them.
“It’s about voluntarily making a decision on your own for what’s best for you, what’s best for your family, and then following that decision,” he said. “That’s the way we do this. Cowley County has less than 80 infections — this county, the citizens of this county, have done a tremendous job social distancing, hand-washing and all the rest.
“That’s the status quo that’s been successful. We don’t need to change it. We don’t need to pull rights away from people to make a difference here. This is working well, leave it alone.”
A resident of Cumberland Village, a retirement community in Winfield, said he didn’t plan to speak, but told commissioners he was in support of the ordinance because of his concern for the health of his neighbors.
Another Winfield man approached the commission and cautioned about implications of an ordinance and what it could mean for others, like his wife, who he said is deaf, and reads lips to communicate.
Dr. Brad Swanson, a chiropractor in Winfield, told commissioners his patients have told him they do not favor masks.
Winfield Commissioners along with other city officials, including the chief of police and county public health officer, discuss mask use during a special meeting outside at the Island Park Pavilion.
Langer, who was not called upon during the county commission’s decision Friday, said the county must adjust to life with the virus and that mask use decreases the distance droplets that carry the virus can travel from the mouth and nose.
As of Monday night, the City-Cowley County Health Department website reports three more cases have been confirmed in the county since Friday
Cowley County now totals 76 cases of COVID-19 so far since the pandemic began, with 15 considered currently active and 60 recovered.
An Ark City man who tested positive April 1 died a week later and remains the only death in the county connected to the virus.
“We’ve had one person die,” Langer said Monday night. “I have another person right now that I’m really worried about — really worried about. All the horror stories are true. It’s not a big deal until you get it, then it’s an enormous deal.”
So far, 1,683 people have been tested in the county since a national emergency proclamation was issued by the White House on March 13.
Cowley County has a population of 34,908 people as of July 2019, according to the U.S. Census Bureau.
Kansas is nearing 17,000 cases and has totaled 280 deaths, according to Monday’s report from the Kansas Department of Health and Environment.
Langer never stated a preference to commissioners on the ordinance, but acknowledged complications on how to enforce a “mask police” and that wearing masks properly is important. He also said he’s worried about the potential for future control measures in the next 180 days and complications this fall with the arrival of school, flu season and the election.
“We are battling a 21st century virus with early 20th century methodology,” he said. “Never in my career in public health have been asked to wage such a battle, basically going into it with a sharpened stick, where before I always had all kinds of weapons. Those weapons will eventually come, but it will take time.”
Langer said the worst part of the virus for him has been the lack of civil discourse he’s observed regarding COVID-19.
“The saddest part about the mask issue is watching neighbor versus neighbor getting angry with each other,” he said. “To me, that’s the worst thing that can happen.”
