Muscatine, Iowa: Mayor Issues City-Wide COVID-19 Proclamation Mandating Face Coverings for Everyone // Updated: People React to Mayor Broderson's Face Covering Mandate

(Originally written on 07/06/20): 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.

Updated on 07/08/20: Here are some updates to Muscatine Mayor Broderson's city-wide face covering mandate:

Governor Kim Reynolds is not happy with Muscatine's mandatory face covering mandate and asserts that county and city leaders lack the authority to institute such mandates:

"According to statute, if the governor has a declaration in place, and it’s in a health disaster proclamation, which we have in place, if it’s not consistent with that, then it’s not appropriate and it’s not in effect,” Reynolds said. “(In Muscatine County), I believe that their county attorney also just ruled this morning that he believed that is was not in concurrence with the governor’s public health disaster proclamation — so he, I think, has more or less said that it’s null.”

Attorney General Tom Miller already said that cities like Muscatine couldn't do it:

On June 23, the Attorney General’s office, in response to a request from Sen. Zach Wahls of Coralville, Assistant Iowa Attorney General Michael Bennett reported that while Statewide Disaster Emergency proclamations were in place, the governor retains the power to delegate, sub-delegate or retain the administrative authority to issue directives of this nature. The code also empowers the Iowa Department of Public Health, in conjunction with the governor, to take reasonable measures as necessary to prevent the transmission of infectious disease. “Any local action or regulation would need to be consistent and compliant with the governor’s proclamations and the Iowa Department of Public Health directives in scope and remedies while the governor’s emergency proclamations are in place,” the ruling said.

Interim Muscatine County Attorney James Barry says that Mayor Broderson went too far:

According to a news release, Barry said Broderson’s mandate is not consistent with Gov. Kim Reynolds’ proclamations and that the power to issue such a mandate has not been delegated by the governor to the city/mayor. Barry said he is not the city attorney and cannot comment on the legal advice given to create the proclamation. His opinion deals with Muscatine County operations, specifically enforcement of violations, he said... “So long as county offices remain closed to the public, I am advising Muscatine County, all elected officials and employees to abide by the governor’s proclamations regarding the pandemic and until further clarification or different directives are issued, but then so long as they are performing their official governmental functions/duties.”

Anti-face covering/pro-COVID protesters are threatening the lives of Mayor Broderson and Muscatine police officers:

Mayor Diana Broderson confirmed Tuesday that Muscatine police are investigating allegations that a person threatened her life and the lives of Muscatine Police officers on a social media site in relation to a proclamation requiring the wearing of face coverings. Muscatine Police officials had no comment except to say there is an ongoing investigation.

Mayor Broderson is defending her mandatory face covering proclamation:

Regarding the Governor's statements this morning about the proclamation, it stands as written. Enforcement is the issue and we are working on that, nevertheless; it's the right thing to do. Some say this is political, but I can assure you, for me it absolutely is not. It is me doing my job as your Mayor.Some may say it's over-reaching and I promise you that I will err on the side of over-reaching any day instead of under reaching in doing every possible thing I can to protect the people and economy in Muscatine. 

Yes, I could take the easy way and say, oh well the AG gave an opinion saying cities can't decide on this and let it go. But, in light of Public Health reports and increases in cases in our area, I asked our City Attorney. He gave an opinion based on the Iowa Constitution that it was within my authority, so I tried. I stand by it and I haven't given up. I will do my job as Mayor no matter how hard it is or how popular or unpopular it is. My conscience is clear that I am moving every rock to serve Muscatine and I won't apologize for it. 

I struggle to see the downside of mandating social distancing and face covering requirements when there is an upside to even possibly protecting the health of people and our economy. Should I really not even try to fight for Muscatine? I would be ashamed as a Mayor if I just took that easy route. I urge the Governor of Iowa, other Mayors, and County Supervisors to over-reach and stretch to move every rock in protecting the health of your constituents and economic base by mandating social distancing and face covering requirements.

And this old man is just throwing a tantrum at the Menards in Muscatine over the store's requirement that he wear some form of face covering.