By Lisa Dawsey Smith
Whitewater Banner staff
whitewaterbanner@gmail.com

At a 4-hour long regular meeting held virtually on July 21 the Whitewater Common Council voted unanimously to require all persons age five and over to wear an intact facial covering (mask) beginning on August 1 in all buildings that are open to the public.

In introducing the proposed ordinance, Council President Lynn Binnie acknowledged that on July 10 City Manager had issued a request to city businesses to comply with recommendations for the prevention of COVID-19 transmission, including physical distancing in restaurants and the wearing of masks by all staff interacting with the public. He indicated that some citizens questioned why the city had not waited to see the results of that communication before considering the mask requirement. Binnie indicated that there had been a “sea change” in the brief time since that communication, including:

• Cases in the state, Jefferson, Rock, and Walworth counties, and locally have risen at an increased pace. The state reported a record 1117 new confirmed cases on the day of the meeting. The three counties have consistently ranked high on COVID activity level in recent days. The exact number of cases in Whitewater cannot be determined, but in the Walworth county portion of the city there had been approximately 70 confirmed cases as of July 5. On July 21 that number had climbed to 109.
• A large number of national retailers, including Walmart and Walgreens, have adopted mandatory mask policies for staff and customers.
• A significant number of local businesses have reached out to the Council, directly or indirectly, to request a mask ordinance.
• It had been hoped by many that the federal, state, or county government would institute a mask requirement, but that is looking increasingly unlikely.
• Not all businesses have responded positively to the City Manager’s requests for voluntary compliance.

The ordinance included the following rationale in favor of mandatory masks:

• The virus is primarily spread via respiratory droplets when people are in close proximity with each other.
• People can be infected and have no symptoms and still be able to transmit the virus.
• The Centers for Disease Control and Prevention (CDC) indicates that there is emerging evidence that face masks reduce the spray of respiratory droplets, and the effectiveness of masks in reducing the spread of the virus is highest when masks are widely used by people in public settings.

UW-W Chancellor Dwight C. Watson spoke in favor of the ordinance, confirming that upon return to the campus, students, faculty, and staff will be required to wear facial coverings in all public places. The students will be encouraged to comply with a “social covenant” in an attempt to prevent the spread of the virus. Dr. Watson expressed the hope that the city’s expectations would be consistent with those of the university, as he indicated that he appreciates the importance of having students on campus for the health of the community.

A letter from local physician Roberta Wedl, M.D. included the statements, “Passing an ordinance requiring the use of an intact mask in public spaces in the community of Whitewater will very likely save lives and prevent morbidity in this community. As a medical provider in this community, I can assure you that the rate of infection here currently is not low and appears to be increasing. Acting now, without delay, is imperative. While I appreciate issues related to individual choice in many matters, we are in unprecedented times – experiencing a once in a century deadly global pandemic and should not pretend otherwise. I urge you to consider your responsibility as a public official to protect the public during this very challenging time. Masking is exceedingly simple, takes very little effort, is inexpensive, and will protect our neighbors, friends, family, and our community.”

Masks will be required in these settings:

• INDOORS IN CERTAIN AREAS – By persons age five and older in a building open to the public and in an area open to the public.
• VERY LIMITED AREAS OUTDOORS – At the Whitewater City Market and the Whitewater Farmers Market. Also if outside a building to pick up food, drink or goods or in a line waiting to enter a building.

Exceptions will include the following:

• Persons who fall into the Center for Disease Control’s guidance for those who should not wear face coverings due to a medical condition, mental health condition or developmental disability.
• Persons who have a written note from a healthcare provider excusing mask use.
• Persons who have upper-respiratory chronic conditions or other conditions or disabilities that make wearing a mask inappropriate.
• Persons in settings where it is not practical or feasible to wear face coverings when obtaining or rendering goods or services to the extent necessary to obtain or render such goods or services including, but not limited to, the receipt of dental services or medical treatments or consuming food or beverages.
• Private K-12 schools, childcare or youth facilities that have a comprehensive safety plan in place.
• In private residences and residential apartment buildings.

Owners/operators of public buildings will be required to ensure that all persons present in the building area open to the public comply with the mask requirement. They would have the right to refuse entry or service to any person for failure to comply.

The Police Department will be responsible for enforcing the requirement by issuing a warning for first offenses and would only issue a citation for first offenses if an individual refuses to comply with the ordinance after receiving a warning or for second and subsequent offenses. The penalty to a building owner/operator or to a person violating the ordinance, upon conviction, would be between $10- $40 for a first offense and $50- $150 for second and subsequent offenses. Certain standard court fees are in addition to those amounts. It was stressed that alleged violations of the ordinance should not be called into 911 unless there is an urgent situation. Instead a report should be called to the police non-emergency number, 262-473-0555, option 4.

Council members received approximately 100 emails, and some indicated they also received a few phone calls. Binnie reported that he counted approximately 47 emails that expressed support for the ordinance and about 39 that expressed opposition, although it appeared to him that more of the negative messages came from outside the city. Additionally, two petitions were created on change.org where people expressed their opinion on whether Whitewater should adopt a mask ordinance. There were nearly 1100 signatures on the petition in favor of the ordinance versus about 200 in opposition. At one point there were over 100 people participating in or viewing/listening to the meeting online or by phone. About ten citizens offered verbal comments about the proposed ordinance, a slight majority expressing overall support but a few objecting strongly to the city infringing on the public’s right to make decisions for themselves. Jan Bilgen recounted that in the 1918 flu pandemic the wearing of masks contributed greatly to the control of the virus until the citizenry became complacent and rates of infection shot up.

Council members debated whether to include more outdoor settings such as spectating at sporting events, but deferred that consideration until the August 4 meeting.

City Manager Clapper indicated that plans are being made to offer a limited quantity of masks to citizens who are in need of them, though it is hoped that businesses may also provide a supply for their customers. The Whitewater City Market continues to offer free masks to market patrons in need weekly at the market in addition to a hand sanitizing station.

Council member Jim Allen lamented that it was necessary for the Council to take this action rather than the federal or state government, but indicated that wearing a mask is “a small sacrifice to make” as opposed to what was asked of citizens during World War II.

Update: The Wisconsin State Journal article, 4 More Wisconsin Cities Enact mask mandates; Tony Evers resists statewide order, mentions Whitewater’s decision.