‘There is No Constitutional Right to be Free from Face Coverings’ City Council Says

Moscow, Idaho– “An inherent tension exists between the exercise of the First Amendment rights and the government’s need to maintain order during a period of social strife,” Moscow City Attorney, Mia Bautista, read from a California appellate case.

Tuesday night, the Moscow City Council unanimously passed revisions to the Moscow City Code regarding the Mayor’s emergency powers.

Now expressive and associative activities, such as the church singing event on September 23, 2020, will not be exempt from the City Emergency Mask Mandate. The City had mistakenly overlooked these constitutional exemptions when trying to arrest and press charges against some individuals at the September event. The City recently dismissed those charges.

With these new changes to City Code, penalties can range from an infraction to a misdemeanor in severity. 

After giving a presentation on the authority vested in the Mayor, City Supervisor Gary Riedner claimed that the City Code was completely constitutional and explained that the revisions were fitting, “The ordinance that was passed in March and the amended ordinance being proposed tonight does not expand [the Mayor’s] powers in any way, it doesn’t put in jeopardy any constitutional rights.” 

City Attorney Mia Bautista also spoke about a U.S. Supreme Court case, Jacobson v. Massachusetts, as support for the constitutionality of City Code and the mask mandate. In that case, the court upheld forced vaccinations regarding a smallpox epidemic in 1905. 

Bautista read from that case to support the city’s social distancing and mask mandate: “The liberties secured by the Constitution of the United States to every person does not import an absolute right for each person to be, at all times, and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good.”

When it came time for public comment, four individuals spoke. 

Referring to the case of the smallpox epidemic, Will Boyd said, “As a biology teacher, one of the first things we talk about is how not all viruses are created equally…we need to be discerning citizens, [and] we need to study the efficacy of every prophylactic measure for disease control.”

Boyd continued, “I want to make sure we are not comparing apples to oranges in comparing COVID-19 to a pandemic that was significantly different.”

Nurse Julia Parker testified in favor of the revisions by employing a personal story of her COVID-19 infection. She said that she contracted COVID-19 due to carelessness exhibited by other health-care workers in the state of Oregon regarding masks. She testified that her infection led to permanent lung and nerve damage. 

Parker concluded, “I just want to say I am really glad that I live in Moscow and that we do have a mask mandate.”

Elizabeth Landis testified, saying, “I would say that the virus is real, how we respond is a game. Not all parts of it are a game, so I don’t avoid wearing my mask when I go into a store to honor other people.” 

Landis added, “But when I am worshiping before my God it is a very serious covenant renewal, and it is not a time for playing games. And that does not mean that I do not love my brothers.”

When it came time for the council members to speak about the proposed changes to the City Code, many of them seemed troubled by Landis’s use of the word “game.” City Council Member Sandra Kelly said, “No, this is not a game. This is very serious, and we are not acting out of fear.” 

Kelly continued, “I have other friends who happily haven’t died from it. What a big thing to say. They didn’t die from it. I appreciate all those who have worked on clarifying this order, and strengthening it, and yet just making it better.” 

The vote on amending the City Code was unanimous.