I am writing this shortly after the conclusion of the Board of Supervisors’ December 21 meeting, the final meeting of 2021. As we anticipate the beginning of a New Year, we will also be experiencing the beginning of a “Countywide Mask Mandate – Indoor Public Places.” In a 3-2 vote, with Supervisor Rex Scott and I voting against the mandate and Supervisors Matt Heinz (who created and presented the mandate) and Adelita Grijalva, along with Board Chair Sharon Bronson voting in favor of the mandate, which became immediately effective that day.
The Resolution, as it states, requires “persons to wear face coverings when they are in indoor public places and cannot easily maintain a continuous physical distance of at least 6 feet from all other persons”. Enforcement, of course, is the big elephant in the room, particularly in light of the passage of Arizona House Bill 2770, signed by Gov. Ducey last April and effective, September 30, 2021. The now-law reads, “A business in this state is not required to enforce on its premises a mask mandate that is established by this State, a city, a town or a county or any other jurisdiction of this state.”
Even with the passage of HB 2770, the Board’s Resolution states “Establishments that are open to the public must provide face coverings to their employees and require them to wear them.” The scenario comes to mind of citizens entering businesses not wearing masks and the employees saying nothing, as it is not incumbent upon them to enforce the wearing of masks by customers.
Further, one can expect to see customers demanding that an establishment’s employees put on facemasks and the employees responding that they don’t have to, citing HB 2770. As in many past mandates by the Board of Supervisors, this Resolution/Mandate states that the “primary focus of enforcement is education” and there really is no viable method to enforce or penalize anyone not wearing a mask, be it employee or customer, nor was such an enforcement plan even discussed.
Businesses, if they so choose, may optionally require customers and employees to wear masks. Customers may optionally as well, wear face coverings. This Resolution “will remain in effect at least through February 28, 2022, pending case counts and hospitalization rates in our community any further action by the Board. “Indoor settings” include “schools; offices; public buildings; and public transportation “
There will be confusion. Welcome to the New Year!
District4@pima.gov
520-724-8084
