With new statewide mask mandates, some say it might be too late
November 22, 2020
As Iowa is increasing in COVID-19 cases, Gov. Kim Reynolds places new mask mandates and mitigation restrictions, but some believe it is far too late.
On Monday, Reynolds created new mitigation measures and mask mandates in order to flatten the curve. With the governor’s proclamation, some cities may be facing legal backlash after implementing the Iowa Home Rule Amendment. Many think these regulations are far too late and will not have a significant impact.
“The new mandates are a start but nowhere near where they need to be with the current situation in Iowa,” said Nathan Lewis, a sophomore in biological systems engineering.
Iowa has surpassed 2,000 COVID-19 related deaths with nearly 4,000 new cases a day, according to the Iowa Department of Health.
Lewis said he thinks more needs to be done and should have been done earlier.
“The hospitals are over capacity, the governor needed to do something before it got to this point,” Lewis said.
Iowa hospitals are seeing full capacity and limited beds for COVID-19 cases, with nearly 3,000 hospitalizations, according to the Iowa Department of Health.
“I feel like Reynolds has completely avoided taking control of the situation and acting in the professional manner that should be expected of a governor,” Ashlyn Dunn, a sophomore in political science, said. “She avoided issuing a mask mandate for months, even after we surpassed 1,000 deaths in the state. Now that we are at over 2,000, and the pandemic is clearly not coming to an end, she is still doing less than the bare minimum.”
Dunn said she thinks it is good bars and restaurants are closing at 10 p.m. because it will limit the amount of people going out and getting together, but without an enforced mask mandate, she does not think anything will come from these new regulations.
Some think Reynolds’ new regulations won’t show enough impact to help flatten the curve because there are loopholes.
“I think it’s a step in the right direction but it has a lot of loopholes,” said Amber Corrieri, Ames City Council at-large representative.
Corrieri said there are too many inconsistencies with the mandates to see a meaningful impact.
The mandate only requires a mask to be worn if an individual is unable to social distance and inside. Religious services and spiritual gatherings are exempt from these restrictions.
The ordinance in Ames is stricter than the governor’s because it requires masks to be worn anytime inside, Corrieri said.
There are concerns about whether cities can still create city and county mandates and ordinances.
“This proclamation has significant implications and we’re still in the process of trying to understand how [Reynolds’] mandate affects the ability of cities and counties,” said Tim Gartin, Ames City Council, 2nd Ward representative.
Cities and counties felt they had the ability to regulate in this area because of the Iowa Home Rule Amendment, Gartin said.
The Home Rule Amendment allows for cities and counties to determine local affairs and government in a manner that is inconsistent with state statute, according to the Iowa Legislature guide.
Gartin did not vote in favor of the mask ordinance the city of Ames passed in September because he believed it is a violation of the oath City Council members make to the Constitution.
Gartin said the governor’s proclamation has made it harder to determine if Home Rule is an adequate argument to create city mask mandates and ordinances.
“If you are arguing that we have authority under Home Rule, your position, I think, suddenly got much weaker,” Gartin said.
Gartin suggests there are other ways to decrease the amount of cases without creating government regulation.
“What we have been doing and what we can do is send messages out to the community,” Gartin said. “The question is whether we have the legal ability to take away someone’s liberty in an area where the state has already exercised that power.”
Mark Lambert, Ames city attorney, said he has advised the City Council to follow the Iowa attorney general on making ordinances and city mandates.
“The [Ames] ordinance does not conflict with the governor’s proclamation since it does not have any penalties,” Lambert said.
If the City Council decided to put in penalties they could face litigation, Lambert said.
Other counties and cities that have created penalties for ordinances and mandates can face some litigation and conflict now that the governor has stepped in, Lambert said.
Even without penalties, the city of Ames has seen an increase in people wearing masks, Lambert said.
“Most people will follow the law because it is the right thing to do,” Lambert said.