How will local authorities enforce universal COVID mask order in Stanislaus County?
Stanislaus County health officials are stressing education, over enforcement, for businesses and county residents who are expected to comply with a public health order requiring everyone to wear a mask in indoor public settings, regardless of vaccination status.
The county and cities have authority to handle enforcement if business owners and residents do not comply with the order, which was issued just before the Labor Day weekend.
County Sheriff Jeff Dirkse said Thursday his position on enforcing state or county COVID-19 health orders has not changed since the March 19, 2020, statewide shutdown imposed by Gov. Gavin Newsom.
“We are not going to be arresting people over this,” Dirkse said. “It is a misdemeanor, so it doesn’t make sense to arrest people.”
In the past 17 months, Dirkse said a deputy has never gone to a local business in response to a COVID-related complaint, except on one occasion when the ownership was doing nothing to address an outbreak.
The sheriff said the county mask requirement was not discussed with him before it was issued shortly after noon Thursday.
Dr. Julie Vaishampayan, county public health officer, released the universal masking order, which extended a face-covering requirement to vaccinated people and also made another push for unvaccinated county residents to get the shots. Unvaccinated people were already required to wear masks in stores and other indoor public settings by state guidance issued June 24.
Stanislaus County Counsel weighs in
County Counsel Thomas Boze said Friday the county mask requirement applies to cities and the unincorporated area of Stanislaus County. It went into effect Saturday.
The county health officer is responsible for enforcing public health orders in the unincorporated territory, according to the state Health and Safety Code. The county sheriff and city police chiefs may also enforce public health orders to control contagious disease within their respective jurisdictions.
Maria Blanco, a manager for the county Health Services Agency, said community members and businesses are expected to follow the universal masking order. “It is important that the community understand that by following the public health order, they are doing their part in reducing the spread of COVID-19,” Blanco said by email.
She said the surge in COVID-19, driven by a highly contagious delta variant, is straining hospitals in the county. Face coverings at work locations and other indoor settings can significantly reduce the number of cases and the need for hospital care, Blanco said.
She said enforcement may vary for businesses and other institutions that ignore the mask requirement. “It is incumbent on all of us to do what we can to alleviate the demand on our healthcare system,” Blanco said.
The county and cities are able to issue warnings or take code enforcement action if that is necessary, but the county is hoping for voluntary compliance.
“I think there is an understanding you are protecting yourselves and you are protecting others by wearing a mask,” said Vito Chiesa, county board of supervisors chairman.
Chiesa said a mask order is the least disruptive mitigation, when compared with capacity limits and other restrictions on stores and restaurants.
The county Board of Supervisors will return to mask-wearing at meetings as long as the order is in effect, the chairman said.
Modesto to focus on education
The city of Modesto supports the county face-covering requirement, without regard to vaccination status, in hopes of reducing the spread of COVID-19 in the community, Deputy City Manager Caluha Barnes said Friday.
“As we have done throughout this pandemic, the city will focus on education as the primary method of enforcement,” Barnes said.
The city spokesperson said the health order encourages and empowers Modesto businesses and employers to require face coverings inside their premises. She added that city offices and facilities are public places and will enforce the face-covering requirements.
City employees were informed about the face-covering rule in an email from the human resources department. “Of course, we continue to strongly recommend vaccinations as the path out of this pandemic,” Caluha said.
The Turlock city manager’s office said it is working with attorneys about getting out information on the universal masking order.
Chiesa said the health order grew out of recent talks between county public health officials and local hospitals about the worsening impact on the health care system. For hospitals, the biggest concerns were limited capacity in intensive care units and staffing challenges.
Officials were also concerned Labor Day weekend activities could result in another spike in COVID-19 cases.
“In the past we have seen spikes on holiday weekends,” Chiesa said. “People are going to gather and, hopefully, they will have outdoor events rather than indoor events.”
The order could be modified in coming weeks
Public health officials will assess the level of transmission and hospitalizations in the coming weeks and could modify the order as circumstances dictate. The health order will be rescinded if the daily coronavirus case rate drops below 20 per 100,000 population.
The county’s case rate was a seven-day average of 49 per 100,000 on Friday after peaking at 53.9 per 100,000 last week. The latest county update reported 305 new cases and nine more deaths, raising the coronavirus death toll to 1,168.
The Stanislaus County order requires face coverings to be worn, regardless of vaccination status, over the mouth and nose inside public buildings, venues, gatherings, offices and other workplaces, retail stores, restaurants and bars, theaters, family entertainment centers and conference centers.
Business owners, venue operators and hosts responsible for indoor public settings must require patrons to wear face coverings regardless of vaccination status and also post the rule on signs. They are strongly encouraged to provide masks at no cost to patrons, the order says.
Exceptions include people working alone in a closed office, eating or drinking in a restaurant or swimming at a fitness center. Residents are still expected to comply with the state’s face-covering rules in trains, buses, taxis, airplanes and health care facilities.
This story was originally published September 4, 2021 at 5:00 AM.
