Masks, mandates and messaging: What we know about how Weld County plans to handle statewide orders

By Kelly Ragan

You won’t find law enforcement officers out there issuing fines or arresting people who choose not wear masks, despite Gov. Jared Polis issuing a statewide mandatory mask order.

There are two main issues that are important for the public to understand about law enforcement’s relationship with the mandate, said Greeley Police Chief Mark Jones at Tuesday’s city council meeting.

The first is that the mandate is not enforceable, Jones said.

“From a law enforcement perspective, it’s not a law,” Jones said.

At the city council meeting, Greeley Mayor John Gates said the Weld County District Attorney’s Office had also announced it would not prosecute cases regarding masks.

Even if he could enforce it, Jones said the Greeley Police Department wouldn’t have enough resources to respond to every call on masks.

When the mandate was first announced, Jones said, dispatch received some 40 calls in a matter of hours about people not wearing masks. Jones told dispatch officers wouldn’t be responding to those calls anymore.

The Weld County Sheriff’s Office agrees. Sheriff Steve Reams already said before the council meeting that he would not enforce the mandate.

“An executive order is not the same thing as a law passed by the state legislature,” according to a news release from the sheriff’s office. “There is no citation in Colorado’s Criminal Code that states a person is breaking the law by not wearing a face mask in public.”

So then how does the mandate work?

Local businesses are still required to follow the mandate. If they don’t, the state could pull their license.

“We are asking residents, regardless of how they feel about wearing a face mask, to give their local business owners a break and comply with the order when shopping in their stores,” according to the sheriff’s office news release. “It’s not their fault the mask mandate was issued.”

What can businesses do if people don’t listen?

Here’s where law enforcement muscle can come into play.

Business owners can still ask people to leave if they aren’t wearing a mask. If they don’t leave, it can legally be considered trespassing – at which point police officers can get involved.

Jones said that officers will be responding to calls if there is a trespassing issue. So will sheriff’s deputies.

“Anyone who fights with a business owner or an employee, refuses to leave a business when asked or in some way causes an unlawful disturbance will be arrested,” according to the sheriff’s news release.

Where do Weld County Commissioners stand?

In a news release, commissioners said they believe reducing the spread of COVID-19 comes down to personal responsibility rather than government mandates.

The news release also said commissioners “urge Weld County residents to use the same common-sense approach and adhere to preventative measures to protect themselves against COVID-19: wash your hands frequently, clean surfaces often, cover your cough, keep six feet of distance from others, and if people feel sick, stay home.”

Notably absent from commissioners’ list of recommendations is wearing a mask.

Emails obtained by the NoCo Optimist through public records requests shed some light on what some commissioners think about requiring or even recommending using masks.

On June 30, a health department employee sent a draft on guidelines regarding attractions, large venues and large community events for commissioners to review.

The draft took a stance on a number of health protocols that were crossed out by the county’s public information officer Jennifer Finch, including:

Changing “ensure proper spacing between patrons” to “promote spacing of at least 6 feet.”
Changing “encourage visitors to avoid water fountains” to “consider alternatives to water fountains.”
Changing “prohibit” to “discourage.”

The draft also stated, “consistent with the actions taken by many employers across the state, consider having all employees, contractors, volunteers, and/or participants wear cloth face coverings (over nose and mouth). If available, individuals should also consider non-medical grade face masks.”

The guidelines themselves, sent to commissioners for review June 30, were never published.

“Any guidance that goes out should not have words like require, must have, ensure, shall. No absolute that people have to do something,” commissioner Barbara Kirkmeyer said in an email obtained by the NoCo Optimist. “Also, I don’t want a direct link to the state guidance. It has all those words in it.”

Indeed, the news release approved by commissioners following Polis’ announcement does not link back to the state. Instead, it links to the CDC website for “detailed guidance.”

Issue of masks contentious across the state

The Tri-County Health Department Board of Health issued a mask mandate weeks before the statewide order, but not every county under the umbrella of the health department approved of the move.

Until recently, the department oversaw Adams, Arapahoe and Douglas counties. When Tri-County voted to issue a mask mandate, but Douglas County commissioners voted to opt out of the mask mandate and leave the Tri-County Health Department, according to a report by the Colorado Sun, ending a 50-year partnership.

Douglas County, much like Weld, is a mostly conservative county and balked at Tri-County as it enacted stay-at-home orders in March. That’s when, according to the Sun, Republican leaders began to discuss leaving the public health agency.

“We question the enforceability and efficacy of the mask mandate order, believing that trusting our citizens and business community to continue doing what they do, without a mandate, is the best approach,” said Douglas County Commissioner Lora Thomas in a statement.

In an email obtained by the NoCo Optimist, commissioner Mike Freeman celebrated Douglas County Commissioners vote to pull out of Tri-County.

“Good for them!!” he wrote July 7.

Who is in control of the messaging?

As we continue to grapple with COVID-19 and the mandates and rollbacks that will inevitably come, it’s worth remembering that Weld County Commissioners – not the Weld County Department of Public Health and Environment – determine what messaging comes out locally.

As reported by The Greeley Tribune, that was a point of contention between commissioners and former health department director Mark Wallace. Wallace announced his retirement just days after clashing with commissioners over reopening the county.