Muscatine, Iowa: Mayor Issues City-Wide COVID-19 Proclamation Mandating Face Coverings for Everyone

Mayor Diana Broderson issued a proclamation yesterday mandating that face covering for every person in any indoor or outdoor public setting within the City of Muscatine, Iowa:

Proclamation of the Mayor

Face Covering Mandate -- City Wide

Whereas, The World Health Organization has declared the Novel Coronavirus 2019 (Covid19) a pandemic; and

Whereas, The President of the United States and Governor of Iowa have declared National and State Emergency Proclamations; and

Whereas, Muscatine Mayor Diana Broderson in collaboration with Muscatine County and other Mayors of the Municipal Jurisdictions within Muscatine County made a Declaration of Disaster Emergency on 3-24-2020 in effect until cancelled or 9-23-2020; and

Whereas, The impact of the pandemic continues to meet the parameters of a civil emergency; and

Whereas, Covid-19 spreads mainly from person to person through respiratory droplets when infected people cough, sneeze, or talk; and

Whereas, Evidence based data demonstrates that wearing a cloth face covering reduces an infected person’s chance of spreading the infection to others; and

Whereas, Reducing the spread of Covid-19 will allow the economic community to remain open to the public during the pandemic; and

Whereas, Many people in the City of Muscatine regularly wear face coverings when in public, requiring all people in the City of Muscatine to wear face coverings in public will help control and prevent the spread of Covid-19 in the City of Muscatine while at the same time allowing the economic community to continue providing service in the City;

NOW, THEREFORE, I Diana L. Broderson, Mayor of the City of Muscatine, Iowa as a result of the above noted situation, and under the Constitution of the State of Iowa Article III, Section 38A, Iowa Code §372.14(2), Muscatine City Code 1-7-2, and other applicable authority do hereby order the following:

Section I

Every person in the City of Muscatine must wear a face covering that covers their nose and mouth when in any indoor or outdoor public setting, including, but not limited to:

• Inside any building, including but not limited to, any business open to the public;
• Healthcare settings, including but not limited to a, hospital, medical clinic, laboratory, pharmacy, veterinary clinic, physician or dentist office, and blood bank;
• While in line waiting for or riding on public transit or any vehicle for hire;
• Outdoor areas, including but not limited to, public parks, trails, streets, sidewalks, lines for entry or exit for service, and recreation areas where a 6 foot social distance is not maintain between any non-household member at all times;

Section 2

Individuals may remove their face coverings under the follow (sic) conditions:

• While seated at a restaurant or other food or drink establishment when tables and are spaced at least 6 feet apart at all times;
• While engaged in outdoor or indoor sports, including but not limited to, walking, biking, hiking, and where a 6 food social distance is maintained between any non-household member at all times;
• Face covering requirements for individuals in team sports will follow the State of Iowa recommendations;
• When any party to a communication is deaf or hard of hearing and not wearing a face covering is essential to communication;
• While obtaining a service that requires temporary removal of a face covering;
• When sleeping;
• When necessary to confirm the individual's identity;
• When federal or state law prohibits wearing a face covering or requires the removal of the face covering.

Section 3

Individuals exempt from required face covering usage:

• Children aged two or under;
• Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. These individuals are asked to provide documentation if requested and should make social distancing between non-household members a priority;
• Incarcerated individuals;

Section 4
For purposes of this Order, face covering means a cloth or plastic face shield that covers the nose and mouth and can be:

• Homemade sewn with straps tied around the head or secured around the ears;
• Multiple layers of fabric tied around the head;
• Factor made or made at home;

Section 5

Members of the public are required by law to comply with this order and violations will be addressed through:

• Enforcement will be duly provided by the Muscatine Police Department and any other legal authority in the City of Muscatine;
• Violators will be guilty of a Municipal Infraction and punishable as provide in Section 1-3 of the City Code;

If this action and the order of another agency or official are in conflict, the more protective requirement will apply. This Order shall take effect on July 6, at 6 am. The sunset of this declaration will be six months from the date enacted unless sooner terminated or extended in writing.

Mayor Broderson reportedly tried reading her proclamation at an event yesterday, but got interrupted by about 50 disgruntled Muscatine residents. According to the media, she stressed that nobody will get sent to jail over this and that it's highly unlikely that people will receive any fines (minimum $500). Instead, they will likely receive warnings from the police.

It's unclear that Mayor Broderson has the authority to issue a city-wide face covering requirement. Both Governor Kim Reynolds and Iowa Attorney General Tom Miller have both asserted that municipal declarations must be consistent with the governor's declarations. The the governor's declaration does not require the use of face coverings.  I know that Iowa City, Johnson County, Linn County, and Black Hawk County government leaders have both sought permission from the state to establish more stringent COVID-19 requirements -- especially since we have some of the highest COVID-19 cases in the state. But we've been rebuffed by state leaders from doing this. So I'm curious how long this local proclamation will last.

Muscatine residents are already gathering signatures for a recall of their mayor over this issue. Which wouldn't be a first for Mayor Broderson. You might recall that she got impeached for a bit by members of the city council back in 2017 -- but that got overturned by a district court judge. You can read about this here, here, here, here, and here.