Committee moves along mask mandates ban

BOISE — A bill that would ban government entities from implementing mask mandates has been sent to the Idaho House.

Presented by Rep. Rob Beiswenger, R- Horseshoe Bend, HB 32 would prohibit the state or associated governments from requiring people to wear medical face masks, face shields or other face coverings for the purpose of preventing the spread of diseases. Exemptions are provided for employment in roles where face masks are an “integral and compulsory safety component of required job duties,” such as health care and industrial professions.

“This is more of a moral issue here,” Beiswenger said. “It’s kind of been a big public topic for the last few years.”

The House State Affairs Committee voted on party lines to send HB 32 to the House after listening to testimony.

Some Republican officials have made repeated efforts to introduce mask bans in the state. This bill is modeled after last year’s HB 493, which was never taken up by the Senate.

The legislation drew scrutiny from Rep. Todd Achilles, D-Boise.

“Why do you think it’s OK for the government to mandate that schools drive 20 mph in a school zone, but we don’t want them mandating masks?” Achilles asked. “Both are intended to promote public safety and protect vulnerable populations.”

Beiswenger responded, “I think the government needs to have the least restrictive environment possible. These things are supposed to be for operating rooms to help doctors prevent spit and saliva from contacting a patient during an operation. They were never meant to be worn out in public at all times.”

Centers for Disease Control and Prevention information and guidance on masking maintains that masks can be worn by anyone as an effective and safe way to slow viral disease spread, with different levels of effectiveness depending on what type of mask is worn.

Kelly Packer, executive director for the Association of Idaho Cities, spoke in opposition to the bill, voicing her concerns about informed decision-making in times of crisis.

“You are blocking elected officials’ authority to make informed decisions down the road on things we may not have any idea about,” Packer said. “With COVID, we didn’t know what the science would confirm and what it wouldn’t. We were trying to deal with it as we could on the fly.”

A 2021 WalletHub survey ranked Idaho as the least safe state during the pandemic, ranking 48th in positive testing rates and tied for 50th place in highest transmission and death rates. Reported deaths spiked in late 2021 to early 2022. According to the Idaho Department of Health and Welfare data, today, just over half of Idahoans are fully vaccinated against COVID-19, compared to about 70% nationally.

Packer noted few Idaho counties actually implemented mask mandates, and no mandates occurred at the state level.

Several testifiers Monday touted their status as arrestees, including in the Jan. 6, 2021, insurrection in Washington D.C. Among these included Yvonne St. Cyr, recently pardoned by President Donald Trump for her involvement in the Jan. 6 U.S. capitol riots.

Supporters of the bill included representatives from the Idaho Freedom Foundation, the Health Freedom Defense Fund, and several other Jan. 6 insurrection participants and advocates.

Common points made by these groups related to personal autonomy and individuality.

Thad Butterworth, chairperson of the Ada County GOP, expressed his concerns about mask mandates from his perspective as a small business owner.

“When you’re looking at what they did there, it was really designed to hurt small businesses,” Butterworth said. “We really should pass this and say you cannot do a mask mandate unless it is for specific health and safety reasons.”

The committee voted 13-2 in favor of the bill, with Rep. Todd Achilles, D-Boise, and Dawn Dotter, substitute for Rep. Brooke Green, D- Boise, voting against.

It will now go to the House for a full vote.

Schwicht may be contacted at newsroom@idahopress.com.