Gov. Ducey letting Arizona counties, cities decide on mask policies

By Howard Fischer
Twitter: @azcapmedia

PHOENIX — In an abrupt about-face, Gov. Doug Ducey on Wednesday agreed to give city, town and county officials the power to enact and enforce requirements for people to wear face masks.

The move comes six days after state Health Director Cara Christ acknowledged there have been “hot spots,” places in Arizona where COVID-19 has spread quicker than elsewhere. But the governor at that time rejected the possibility of giving local officials the option of imposing their own restrictions, saying he wants a statewide standard to “reduce confusion.”

On Wednesday, however, Ducey cited those same hot spots as a reason to provide local control.

In the same press conference, the governor also:

- Said he was going to provide for more enforcement of existing regulations that businesses are supposed to obey to promote “social distancing” among customers and for staff to wear face masks. There have been multiple reports and photos of patrons crowded into bars and restaurants despite a requirement for businesses to have plans to prevent that from happening.

- Deployed 300 members of the Arizona National Guard to help with “contact tracing.” The idea is to better be able to find people who may have been exposed to someone who tested positive for the virus but did not have symptoms;

- Agreed to allocate $10 million for masks and other personal protective equipment for long-term care facilities.

Ducey also separately encouraged what he believes is more responsible behavior, saying that there appears to be a spike in cases spread by people having parties in their homes, including graduation ceremonies. If nothing else, he said, anyone who was at one of those parties who contracts the virus should call everyone else who was there so they can get tested.

But the big announcement surrounds face masks.

On one hand, the governor said it’s not such a big change.

“Masks has been in our guidance since the Centers for Disease Control put that forward in April,” Ducey said. “I’ve said I am in favor of masks.”

Yet it was not until Wednesday that both Ducey and Christ showed up at the weekly briefings wearing masks. And it was not until Wednesday that Ducey agreed to remove a provision from his earlier proclamations and executive orders prohibiting local officials from imposing health requirements any stricter than what the state allowed — including a mandate for the use of masks.

Part of what changed is the governor’s concession that the situation is getting worse.

For weeks Ducey wrote off increases in the number of people testing positive for the coronavirus as simply a function of increased testing. On Wednesday he said that there’s more to it than that.

“We have increased cases in addition,” the governor said.

Ducey also said he was swayed by written pleas from border area elected officials who have seen large increases in cases since the governor rescinded his restrictions on business activity and travel weeks ago.

“The reality is that since the state relaxed the stay-at-home executive order, many residents have interpreted this to mean that the danger is over,” they wrote.

They backed that up with hard data, including a 157 percent increase in COVID-19 patients in Santa Cruz County between June 1 and June 11. The total now is 1,165 cases in Santa Cruz, 4,385 in Pima, 3,454 in Yuma and 248 in Cochise.

One solution, they told Ducey, was to allow them to impose requirements for people to wear masks when they are in public and cannot remain at least six feet from each other.

A similar request came from Nogales Mayor Arturo Garino.

But it hasn’t been just the border cities and counties who have been pressuring the governor.

The move comes days after what is now more than 900 medical professionals signing a letter to the governor asking him to issue a statewide mandate requiring anyone age 2 and older to wear a mask. They cited the lack of a vaccine or proven treatment, saying that the disease is just as contagious now as it was when he implemented his stay-at-home directive.

“There is sufficient, clear, scientific evidence that wearing masks is one way to decrease the spread of COVID-19 and thus would reduce both the wave of severely affected patients requiring ICU and ventilator resources as well as unnecessary deaths,” they wrote.

And Ducey faced the possibility that some cities would force the issue by enacting their own ordinances, with or without the governor’s blessing.

Earlier Wednesday, Tucson Mayor Regina Romero said she has directed the city attorney to amend the existing local proclamation to require that people wear masks in public — regardless of what the governor says.

“This is the moment in time where we have to decide,” she told Capitol Media Services. “Every day we wait means lives.”

And Councilman Steve Kozachik cited a provision of the city charter giving the council “to make all regulations which may be necessary or expedient for the preservation of the health and the suppression of disease,” saying that exists with or without Ducey’s permission.

Romero said she will be signing the proclamation Thursday.

The governor’s decision dumps the issue into the hands of local officials who can proceed several ways.

One would be by proclamation, something that could be done by the mayor or chair of the supervisors. There also is the possibility of enacting ordinances.

That latter course has certain advantages, including providing for penalties for those who do not obey. Ducey said he is leaving that up to each jurisdiction.

Pima County supervisors will meet Friday to discuss what actions, if any, to take now that Ducey has granted more authority.

One consideration is that an ordinance adopted under the county’s health powers also likely would have the force of law throughout the county, including within incorporated cities; a proclamation might affect only unincorporated areas.

That distinction is important.

In Scottsdale, Mayor Jim Lane said he was not considering any sort of mask directive while Mesa Mayor John Giles said he will issue some sort of directive next week but did not provide details.

Glendale Mayor Jerry Weiers is calling an emergency special voting meeting Friday morning for his city to decide on any further action.

More on new Ducey order

Additional actions announced include:

• Continuing to boost diagnostic testing, including expanding rapid testing capability;
• Amplifying contact tracing in partnership with counties, including utilizing National Guard assets and providing additional resources to counties;
• Increasing awareness of distancing and face-covering guidelines, including authorizing local governments to implement enhanced mitigation measures;
• Continuing to focus on long-term care settings, including providing $10 million for additional PPE and face masks;
• And enhancing guidance for establishments to limit congregating and enforce mitigation policies. 

“We remain one hundred percent focused on protecting public health and saving lives,” Mr. Ducey stated. “As we continue to expand testing and prioritize our most vulnerable populations, today’s stepped-up actions will help further contain the spread of COVID-19 by requiring enhanced compliance with public health guidelines, expanding contact tracing, and providing additional resources to boost local public health efforts. We need to redouble our efforts and we need everyone to do their part. We will continue to closely track the data, work with officials around the state and make this our highest priority.”

Continuing to boost testing

Diagnostic testing in Arizona continues to ramp up, with the most tests conducted on a single day occurring on June 9 — 14,106. Over 80 sites across the state of Arizona offer diagnostic testing for COVID-19, and growing. In addition, Wednesday's announcement includes a new partnership with Arizona State University to scale up saliva-based testing developed by the university. The less invasive test will allow for more rapid and accurate results while requiring less PPE, facilitating greater usage at workplaces and health care facilities. The state also has partnered with the University of Arizona to provide 250,000 serology tests to health care and public safety workers and expand antibody testing for correctional officers.

Amplifying contact tracing

Mr. Ducey on Wednesday signed an Executive Order to ensure county public health officers have the support, tools and resources to carry out robust contact tracing. The order provides authority to the Arizona Department of Health Services to implement a consistent, statewide system for case investigation and contact tracing and makes available up to 300 Arizona National Guard members to boost manpower for contact tracing efforts. In addition, AZDHS is providing more than $37 million to enhance contact tracing locally and statewide. 

Increasing awareness of distancing and face-covering guidelines

Following outbreaks in select parts of the state, including along the southern border and in northeastern counties, AZDHS released updated guidance allowing local governments to implement mask and face-covering policies and determine enforcement measures. The guidance allows local authorities to tailor mitigation efforts specific to the local public health need.

Mr. Ducey also announced an expanded education campaign to make Arizonans aware of public health guidelines. All Arizonans should continue to stay physically distant, stay home when sick and wear face masks, according to the release.

Continuing to focus on long-term care settings and vulnerable population

Arizona has placed a high priority on long-term care and nursing facilities, including recently completing testing of all residents in these settings, the release states. Mr. Ducey also announced Wednesday an additional $10 million for more masks and PPE in long-term care facilities to contain and mitigate spread of COVID-19. AZDHS will continue to partner with health facilities to prioritize continued testing of all residents and staff.

Enhancing guidance to limit congregating

Arizona’s Stay Healthy, Return Smarter, Return Stronger Executive Order issued on May 12 requires businesses and other entities operating in the state to implement health and safety plans to protect workers and customers and mitigate the spread of COVID-19. Updated guidance issued Wednesday by AZDHS requires specific health measures be taken by establishments, including:

• Physically distancing of 6 feet;
• Providing employees with face-coverings and requiring usage;
• Conducting symptom checks for all employees before shifts; 
• Requiring sick employees to stay home;
• And increasing the frequency of employee hygiene, cleaning and disinfecting. 

Local law enforcement will have authority for enforcement of these guidelines.

Click here to view the June 17 Executive Order.

Click here to view requirements for businesses.

Click here to view requirements for restaurants and bars providing dine-in services.