Utah COVID-19 Mask Requirement Status
Background
Perhaps one of the most politically divisive topics that emerged through Utah’s response to the COVID-19 pandemic has been the urging, suggesting and mandating the public to wear a face covering or mask. At the onset of the pandemic the general public purchased (or hoarded) available masks, leaving store shelves empty. Originally, the Center for Disease Control (CDC) did not make any strong recommendation for face coverings, and even questioned the effectiveness of masks against the spread of COVID-19. Greater emphasis was placed upon social-distancing, frequent hand washing, and use of hand sanitizers and other good hygiene practices.
Within about a month of publishing the original guidelines by the CDC, a change of course was promulgated where the use of masks or face coverings was espoused as a primary defense against contracting and spreading COVID-19. Utah’s government leaders embraced this revised recommendation from the CDC and began “recommending” the use of masks in public places or in locations where social distance would be hard to be maintained. However, public adoption of the mask-wearing was generally slow to be adopted. Few, if any large retailers (other than Costco and later Harmons Grocery Stores) took the initiative to require face-coverings before entering their stores. Generally, the remainder of the State of Utah, and especially the rural parts of the state, were extremely lax in mask-wearing.
Government Intervention
With the relatively low case counts, and low person-to-person infection rates, Utah moved its color-coded guidance level from ORANGE (Moderate Risk Phase) to YELLOW (Low Risk Phase) for most of the state. Under the Yellow phase the “Utah Leads Together Plan” provides the following recommendations for mask wearing:
While wearing face coverings has proven to be somewhat effective in slowing the spread of COVID-19, they will not completely eliminate the risk of COVID-19 spread. Therefore, sound judgment, physical distancing and hygiene practices are important principles that must accompany appropriate use of face coverings
Face coverings (e.g. mask, scarf, gaiter, bandanna) worn in public settings where physical distancing measures are difficult to maintain
Change or launder cloth face coverings after each day’s use
Cloth face coverings should not be placed on young children under the age of 2, anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove the mask without assistance
Unfortunately, it was perceived by government officials, upon moving into the Yellow phase, that many of Utah’s citizens became lax in their observance of previously developed social-distancing observance and the wearing of masks. Almost immediately, Utah began to see massive spikes in COVID-19 infection rates.
In response to the rising trend, many local governments decided to take it upon themselves to request approval from Governor Herbert to allow them to adopt local health department orders requiring the use of masks. As of today, mandatory mask orders have been approved by Governor Herbert for Salt Lake County, Summit County, Grand County, and the City of Springdale. However, it is believed that none of these local governments have any intention of enforcing these local orders, but rather have placed the burden upon local businesses to remind, insist, or require that their customers wear masks within their businesses. Additionally, Governor Herbert has required that masks be worn within State Buildings but has declined to issue a statewide mandate, drawing much criticism from Democrats, moderate Republicans, and medical professionals.
Public Education
On Thursday, July 9, 2020, Governor Herbert held a press conference and ordered that all students, teachers, staff, or visitors that enter into K-12 public schools, public charter schools, or buses for these schools will be required to wear masks. This order has been criticized by some as an attack upon constitutional liberties and parental rights. In order to help facilitate these efforts, the State of Utah has acquired massive quantities of masks, which will be distributed throughout the state to school districts. Meanwhile, parents are evaluating alternatives for their children, while considering health and mask wearing concerns. Plus, the ever-changing school scheduling is a significant element in parental decision making on this subject.
What’s Next
Governor Herbert and the executive team will be meeting this week with legislative leadership to discuss the topic of a statewide mask order. During the bi-weekly Economic Recovery Task Force Meeting on July 13, 2020, Speaker of House Brad Wilson (who is unquestionably a supporter of mask-wearing) laid out a plan to focus the state’s efforts on key COVID-19 response factors. However, Speaker Wilson stopped short of recommending a mandatory mask requirement. When challenged on this point, it was his position that mask-wearing should remain voluntary, not mandatory. Based upon this position, and previous positions recommended by President Stuart Adams of the Utah State Senate, it is believed that a statewide mandatory mask requirement is not likely to be adopted by Governor Herbert.
Various organizations are increasing efforts urging Utah's to wear masks. For example, Deseret Management (owner of KSL TV and Deseret News) are pushing the challenge articulated by Editorial Editor Boyd Matheson for Utahns to spend the next 55 days wearing masks in order to scale back the virus by Labor Day.
However, if case counts explode, as seen in nearby states like Arizona and California, it may be difficult for Utah to avoid political pressure to adopt a statewide mandate. Such efforts are already being led by Democratic Gubernatorial candidate Chris Peterson, who called for a statewide mask mandate during a press conference this morning.