CLAYTON (KMOX) - Just one day after it was imposed, the mask mandate in St. Louis County was rescinded by a vote of the County Council. But County Executive says "by recently passed state law this mandate is still in effect." The mask mandate in the City of St. Louis is unaffected by the vote.
The fate of the mask mandate will likely face more legal challenges before an answer becomes clear. Missouri Attorney General Eric Schmitt filed a lawsuit Monday, the day the mask mandate began, against the City and County. Page says this is the eighth time Schmitt has sued the county over public health orders.
"The county has prevailed in all of them," Page says. "This is in front of the court and I hope the court moves quickly to get some clarity."
As for the meaning of the successful vote to rescind the mask mandate, acting health director Dr. Faisal Kahn said the County Attorney said the new state law did not apply to a non-restrictive mandate, like this mask one.
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The 5 to 2 vote followed two hours of public comment, often heated, emotional and with a wide variety of reasoning.
"Tyranny is when one man, one man will decide for you... with no checks or balances," Shouted one public speaker. "Mandates are not helping anybody, but to point fingers at the other side," said one woman.
State Representative Michael Burton of Lakeshire tried to defend Page's mandate, but was all but shouted down by opponents.
The Tuesday evening began with more than a hundred demonstrators outside the County Administration Building in Clayton. Most were carrying signs, but none wore masks. They packed every seat in the Council chambers for the meeting.
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Acting County Health Director Dr. Faisal Kahn began by answering questions about why it was so important to have the mask mandate. He said the spread of the delta variant of coronavirus requires extraordinary measures to combat it. As for the health order he issued, he told the Council he did not tell them about it first because a new state law requiring him to consult about health orders does not apply. He said that was the advice of County Counsel Beth Orwick. In theory, HB 271 only applies to health orders that put restrictions on businesses, churches, schools or public places. Since the mask mandate does not limit capacity, social distance or hours of operation, it adds no actual restrictions.
Councilwoman Kelli Dunaway said she was thinking about her young children in supporting the mandate. "So, my little elementary can do what they're asked to protect each other, which is more than I can say about this room of people, who callously put their freedom ahead of my children's lives." She went on to say about the commenters..."You keep showing up here without a mask, and chock full of conspiracy theories that more people are dying from the vaccine than the disease."
The crowd erupted in cheers when the final vote was tallied and the mandate was rescinded. Interestingly, when it was over, the Council proceeded to their next order of business, which was the County Executive's report. Dr. Page calmly went on about how masks can help stem the spread of the virus and getting vaccinated is important. It was as if the vote had never taken place.
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