Aldermen OK mask rule despite push-back

Visitors to City of Port Washington buildings, including the library, senior center, police and fire stations and City Hall, must wear a mask, the Common Council agreed last week.

The resolution requires the use of masks by people ages 4 and older who are visiting city-owned buildings and strongly encourages but does not require businesses in the community to do the same.

Even though aldermen voted unanimously to adopt the resolution, several noted that they had received push-back from constituents.

Ald. Jonathan Pleitner said he had received at least seven calls and texts from people opposed to the measure, even after it was explained that it only applies to city-owned buildings.

“That did not make a difference,” Pleitner said.

Those opposing the resolution said it was a case of government over-reach, an infringement on people’s freedoms and it is unconstitutional, he said, while others said masks don’t prevent the coronavirus.

Ald. Mike Gasper said he, too, had received a significant amount of opposition, noting some people said that the city was flying in the face of the state Supreme Court’s decision.

“I think I’ve gotten more input on this than any other issue,” Gasper said.

City Attorney Eric Eberhardt noted that the Supreme Court decision overturning Gov. Tony Evers’ emergency order requiring, among other things, masks to be worn, expressly allows municipalities to adopt mask mandates. 

The court decision, he said, hinged on the governor’s ability to extend his order without legislative action.

“It’s the opposite of what people are talking about, legally,” Eberhardt said.

The resolution was recommended by City Administrator Tony Brown as a way to protect municipal employees from Covid-19 after the Wisconsin Supreme Court overturned Evers’ mask mandate.

“Just because the mask mandate ceased to exist, Covid has not,” Brown said. “There are variants floating around. The county is experiencing a high number of confirmed cases in the last two weeks.”

“We’re doing this to protect the workers at City Hall,” Mayor Marty Becker said.

“And visitors,” Brown added.

That, said Ald. Pat Tearney, is the reason he voted for the measure.

“To protect our employees,” Tearney said. “A lot of this is advisory. People are going to do what they’re going to do.’

The fact that the resolution encourages businesses to enact mask mandates is also a plus, Tearney said.

“If a local business wants people coming in to be masked, this gives them a little more backing,” he said.

  Although the resolution allows people providing public comments to the Common Council to remove their masks as long as they are six feet away from others, Ald. Dan Benning said he prefers people continue to wear facial coverings when addressing aldermen.

“I would like to see it crystal clear,” he said, noting that aldermen continue to remain masked when offering comments, using a microphone to ensure they are heard.

People offering comments to the council are also expected to use a microphone, Benning said.

“We’ve been doing that all along,” Becker noted.

The mask mandate will end when herd immunity is reached, something Brown said is commonly defined as when between 70% and 90% of the population is vaccinated.

Aldermen decided that threshold will be 70%, a number Becker urged them to adopt.

Becker said he wanted the number set on the lower end rather than the higher number.

“You’re not going to get 90%. Some people just won’t do it,” he said.

  If the number was set too high, Becker added, he would not sign the resolution — in effect vetoing the measure. He acknowledged the council could override a veto, increase the percentage after he leaves office on April 20 or hold a special session and change the number.

It would take a two-thirds vote of the council to overturn a veto, Eberhardt said, noting the mayor can either explicitly veto a measure or effectively do so by failing to sign it within five days.

Ald. Deb Postl suggested the council set the percentage at 80%, but Becker stood firm.
“I would not sign it,” he said. “I like 70%.”