January public hearing on fines for not wearing masks

A public hearing on adoption of a proposed new county ordinance for “enforcement of Health Officer Orders in Skagit County” and providing for civil penalties for violation was approved by the Skagit County Board of Health at its meeting Dec. 22. Skagit County Public Health Director Jennifer Johnson spoke in support. The Board passed a resolution calling for a 10:30 a.m. Jan. 20, public hearing.

The resolution lists 11 “WHEREAS” items, reviewing the facts of the pandemic and international, national and County responses, including statements made by County Health Officer Dr. Howard Leibrand. It cites his Dec. 9 statement that cases “in Skagit County continue to rise despite efforts to put in place measures to slow the spread of disease and educate the people of Skagit County about them. There is every expectation that those metrics will continue to worsen as we wait for better tests and treatments,”

The resolution calls for “imposing personal penalties on such persons for the creation of a public health risk and public nuisance” for “individuals who put others in the community at risk by violating the public health orders and proclamations in effect during the global, national and state declared COVID-19 public health emergency.”

The resolution notes the Board of Health “requires prompt legislative intervention to assure appropriate enforcement tools are available, and it reasonably appears that prompt action is required.”

If the Board of Health adopts an ordinance, local law enforcement and public health staff will cite people refusing “to abide by Health Officer Orders in situations that present a high risk of COVID-19 transmission.”

Individual fines will start at $50 and increase to $250 on a third violation. Businesses and organizations will be fined $250 initially and $1,000 for a third violation within a year. There will be a process for appeals.

Residents can submit written comments by mail or email. Send email comments to [email protected], or mail to Public Health Administration 700 South Second Street #301, Mount Vernon, WA 98273-1071. Note the subject as “Health Officer Orders and Enforcement.” All written comments must be received prior to Jan. 20 to be considered.

To speak at the hearing, residents must sign up with the clerk of the board before the start of the hearing: (360) 416-1300.

Participation in the public hearing, pursuant to Proclamations currently in place, will be remote access via GoToMeeting

The vote was 4-1, with retiring County Commissioner Ken Dahlstedt opposed. County Commissioners Ron Wesen and Lisa Janicki and Dr. Connie Davis and Arron Katz voted yes.

Fines for not wearing masks advised

Skagit County Public Health Director Jennifer Johnson spoke briefly at the Dec. 22 Board of Health meeting prior to the resolution for a January public hearing being adopted. She told them if they adopt an ordinance providing for civil penalties for violation of Health Officer orders local law enforcement and public health staff will cite people refusing “to abide by Health Officer Orders in situations that present a high risk of COVID-19 transmission.”

She referenced a Dec. 11 report she and Health Officer Dr. Howard Leibrand, MD wrote.

The report notes that while “most Skagitonians consistently wear face coverings and follow other preventative measures … a minority of residents without such health concerns are inconsistent in this practice. Others outright refuse to wear a face covering.”

It also calls for civil penalties when statewide orders are violated over allowable sizes of gathering, business-specific restrictions and requirements for events such as weddings.

The report states the “ultimate goal of this ordinance is to promote the health and wellbeing of Skagitonians, and limit the spread of COVID-19, by addressing intransigent refusal to wear masks and face coverings in public places.”

The report notes that in November almost 33% of all infections this year were recorded. Over 1,000 Skagitonians are likely to test positive for COVID-19 in December, some 25% above November’s case count.

The report notes that most residents consistent following of protective public health measures has “prevented an even greater increase in the transmission of infection.”

The report quoted Leibrand’s earlier statements that “the evidence is overwhelmingly clear that the better we are about mask use, the less the disease will spread. For the majority of Skagitonians, a simple cloth face mask or covering is plenty effective at reducing disease transmission.