Committee OKs ban on mask mandates

BOISE — A bill to prohibit local government entities from imposing mask mandates cleared an Idaho House committee Wednesday.

Rep. Jacyn Gallagher, R-Weiser, sponsored HB 493, which aims to prevent entities such as schools, cities, counties or health districts from requiring medical face masks for the purpose of preventing or slowing the spread of diseases.

The legislation wouldn’t impact hospitals or health care facilities, nor would it apply to “vocational settings” where face masks are “an integral and compulsory safety component of required job duties,” such as for working with hazardous materials or biohazards.

“This is, I guess, a personal sovereignty bill, a freedom bill, health freedom to make your own decisions, your own health decisions,” Gallagher told the House State Affairs Committee on Wednesday.

Co-sponsor Sen. Brian Lenney, R-Nampa, said the bill was brought forward in reaction to measures taken during the COVID-19 pandemic.

“As we sit here today in 2024, it’s crystal clear to me, and I think to probably most of us in this room, if we admit it, that much of our COVID response was unscientific, unjustified and frankly absurd,” he said.

In the event of another pandemic or public health emergency, Lenney said the bill was meant to “shield Idahoans from the kind of government overreach and, in my opinion, medical tyranny, that marked the COVID crisis.

“Forced masking is not just unscientific, like I said, but I believe it to be a direct assault on our fundamental rights to bodily integrity and autonomy that are enshrined in the 14th Amendment of the U.S. Constitution,” he said.

Lenney argued that more recent research has found mask mandates to be ineffective. He cited one study in the medical journal BMJ that looked at the effectiveness of mask mandates for children. The review found that previous studies were not done in a way to reliably demonstrate the effectiveness of mask mandates for children.

Another 2023 article in BMJ cited an expert group that found “non-pharmaceutical interventions,” such as mask wearing and social distancing, were effective in reducing transmission, especially early in the pandemic. It found that social distancing worked best and the use of high-grade N95 masks was also deemed effective.

The Centers for Disease Control and Prevention on its website states that mask-wearing, especially well-fitting N95 masks, is effective for preventing infection and the spread of COVID-19.

A few members of the People’s Rights Organization, which was led by Ammon Bundy, testified in favor of the bill.

Garth Gaylord began his remote testimony in a full mask and helmet while he sarcastically said that gloves and helmets should be required to prevent the spread of COVID-19. He was in support of the bill and told committee members Wednesday that he was sent to jail “just for wearing a mask.”

Gaylord had been charged with disturbing the peace, resisting or obstruction of officers, and assault in relation to a May 7, 2021, protest outside the Ada County Courthouse, court documents show. As part of a plea bargain, Gaylord pleaded guilty to disturbing the peace and the other charges were dropped.

Leslie Manookian, the president and founder of Health Freedom Defense Fund, a national legal nonprofit, also testified in favor of the bill. The organization challenged the Idaho city of Hailey’s mask mandate issued in 2020; the judge dismissed the case.

Manookian likened mask mandates to “compelled dress.”

“I don’t think this is something that belongs in a free country,” she said.

Kelly Packer, executive director of the Idaho Association of Cities and a former House representative, opposed the legislation.

She said that cities should be able to respond in a future public health emergency. She fielded a number of questions from lawmakers about the response that cities took to the pandemic, especially Boise.

Rep. Jaron Crane, R-Nampa, said he was worried about being pulled over when he was even driving through the city. His older brother, Rep. Brent Crane, R-Nampa, also asked if Packer thought it would be important that the state had a more consistent response, giving the example of the varying guidelines and restrictions in the Treasure Valley.

Packer said each city is unique and dealing with its own challenges, such as Boise having the largest population in the state.

“Most of your local electeds aren’t out to harm their residents by throwing them in jail for a mask mandate or in violation of something that none of us knew how to handle,” Packer said. “They’re simply trying their best to manage a very chaotic and uncertain circumstance, an emergency.”

Misty Karlfeldt of Health Freedom Idaho said she supported the legislation because she viewed mask mandates as an infringement on her religious freedom. She said wearing a mask was against her beliefs.

“I will not hide the image of God nor hinder the breath of life,” Karlfeldt said.

Democrat Mark Stinson, who is a long-term substitute for Rep. Colin Nash, D-Boise, noted that government can and does mandate many things for health, such as smoking bans in public facilities, wearing shoes in restaurants, and requiring food handling safety in preparation. However, he said the majority of his constituents were in favor of the legislation, so he voted to support it to honor that.

Stinson also suggested that “personal choice” might be considered when reviewing legislation on other issues.

“I do hope the sponsors also recognize there are many other personal choices that the legislation that we consider affects our personal medical decisions, our personal use of medications or even medical marijuana, a person’s right to gender-affirm, abortion,” he said. “They are very emotional and very personal.”

All members present voted to send the bill to the House floor for a full vote. Rep. John Gannon, D-Boise, was not present during the vote.

A similar bill passed the House 46-24 in 2022 but did move forward in the Senate.

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on X @EyeOnBoiseGuido.