Mask mandate issue simmers with commissioners

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A sign at the entrance to the Hancock County Public Library reminds patrons of the new requirement to wear masks. (Tom Russo | Daily Reporter)

GREENFIELD — Since the Hancock County Commissioners sent a letter to Gov. Eric Holcomb objecting to his executive order calling for mandatory face coverings, they have not received a response.

Joining a continuing public debate over face coverings and who should make decisions about them, all three commissioners co-signed a letter to the governor calling for his order to be replaced by one giving the power to mandate masks to county officials. (You can read the commissioners’ letter here.)

While it is uncontroversial among scientists that wearing a mask helps prevent the spread of COVID-19, the subject has become a heated political controversy that does not always divide along party lines. Attorney General Curtis Hill, a fellow Republican, objected to Holcomb’s initial announcement July 22 that he would make appearing in public without a mask a misdemeanor. Hill said the governor lacked the authority to criminalize going maskless. The provision did not appear in the order Holcomb issued on July 24.

Commissioner Brad Armstrong said he has not yet received a response to the letter from Holcomb’s office. However, he felt that the major concern in the letter, written before the executive order was issued, had been addressed by the absence of a criminal penalty.

“I think that’s accomplished a lot of what we wanted,” he said.

A spokeswoman for the governor, Rachel Hoffmeyer, said the office had received the letter and it was being reviewed. She said Holcomb had explained the need for face coverings in detail in his briefing announcing the executive order, on July 22.

Armstrong said he will be watching to see how long the order continues and what steps are taken next, but he would be apprehensive about taking legal action at this time.

“We’d prefer it to be county-by-county, but we don’t have a lot of leverage in that way,” he said.

Some, however, thought sending the letter was the wrong thing to do. Dustin Wicker, the vice chair of the Hancock County Young Republicans, sent a letter of his own to the Daily Reporter saying he believed the commissioners were wrong to raise the possibility of legal action and to say mask orders should be made on the county level.

“Individuals would have to be cognizant of not only what county they are in, but what other counties they might travel through/stop in, and what each individual county’s stance is on wearing a mask. It would be unnecessarily complicated, and for what purpose? To not have to wear a mask for a very limited amount of time while in a public setting?” Wicker wrote. He praised Holcomb for making a difficult decision. (Wicker’s letter appears today on Page A4.)

Janice Silvey, the chair of the Hancock County Republican Party as well as the outgoing county treasurer, said she would not want to be in Holcomb’s position and making these difficult decisions. However, she said, setting policy on the state level is a good thing.

“If you don’t do it statewide, how would anybody know what’s going on in the state of Indiana if every county is different?” she asked.

In the treasurer’s office, Silvey said, employees wear masks and ask that members of the public do as well.

“I support and respect our governor,” she said. “I may not always want to wear my mask, but I will.”

Scott Benkie, the attorney for the county commissioners, said they have not yet decided what to do next if the commissioners do not receive a response from the governor’s office. Benkie acknowledged that the governor has powers to act in the interest of public health, but said that does not mean policies like the mask order can’t be challenged.

“Those powers are not unlimited and they’re not unbridled,” he said.

While the commissioners’ first priority is the health of county residents, Benkie said, they believe the requirement is a blanket order that does not make sense for Hancock County. The county has seen lower rates of COVID-19 than more urban areas of Indiana, and Benkie said the community has done a good job of coming together to flatten the curve.

“There’s a balance that needs to be struck between those orders and personal freedom,” he said.

Republican Bill Spalding will be joining the Board of Commissioners at the beginning of next year; after winning the party’s primary, he will be unopposed in the general election in November. In an email, Spalding said he sees the current commissioners’ point about the importance of local decision-making.

“I am a huge supporter of home rule authority because I believe that local officials can make the best determinations for their citizens based on the local climate,” Spalding wrote. “I do, however, recognize that the governor is in uncharted territory with the drastic scope, seriousness and threat of COVID-19 and that he, along with his advisers, are trying to make the best decisions to protect Hoosiers, especially when plans are being made to return students to school in person.”

Spalding added that he believes it is important for all local officials to keep an open dialogue with representatives on the state level.

The commissioners also sent copies of their letter to the county’s representatives in the state Senate and House of Representatives. Sen. Mike Crider, R-Greenfield, said he personally delivered a copy of the letter to the governor’s legislative staff to ensure that he received it.

However, Crider said, his biggest concern with the governor’s executive order, the misdemeanor penalty, has already been addressed. Other issues related to who should be making decisions on COVID-19 policy are harder to answer.

“This is the first time we’ve dealt with something like this, and it’s made it a little more challenging,” Crider said. “The administration is trying to do what they can, that they think is reasonable.”

Rep. Bob Cherry, R-Greenfield, who represents much of Hancock County in the state House, said he was supportive of wearing face coverings, though ideally such decisions would be made at the county level.

Greenfield Mayor Chuck Fewell, another Republican, said he had not spoken with the commissioners about their concerns. While Greenfield police officers will not be enforcing the mask mandate, city employees are following it, and Fewell said he hopes most people will do the same.

“Give a little consideration, be kind to people, and take into consideration that the quicker we respond to do the right things, the quicker we get out of this,” he said.

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