Buffalo, NY (WBEN) The mask mandate announced by New York Governor Kathy Hochul begins to be implemented Monday, and some county leaders in Western New York are expressing concern.
The mandate requires businesses to either require everyone to wear a mask in indoor public venues or require proof of vaccination.
A big concern among officials appears to be how the mandate will be enforced.
Chautauqua County Executive PJ Wendel says now is not the time for such a mandate. "I understand where she's coming from with regards to the health concerns. It's somewhat questioning because in a PBS interview referring to a statewide mandate, she said areas that don't have mandates know why, and that's because enforcement is impossible," says Wendel. "The guidance comes out on Friday. No guidance as to how it's supposed to be enforced."
Wendel wonders if enforcement means ticketing a business or a resident facing a fine of $1,000. "We're doing the things we're doing is most effective," says Wendel. He says that includes encouraging residents to get the vaccine. "People talk about the negative side of the vaccine, and that's challenging. We're hearing the vaccine works, and I ask everybody to get the vaccine," notes Wendel.
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In Niagara County, Legislature Chairwoman Becky Wydysh declined comment for this story but released a general statement on the mandate:
"Niagara County has said right along that we believe it is advisable for people to wear masks indoors, especially when social distancing is not possible, as part of a multi-layered COVID-19 mitigation strategy, but that a mandate was not the best approach nor the enforcement of such a mandate the best use of our resources.
Governor Hochul has instituted a statewide indoor mask mandate through January 5 but how the state intends to enforce this mandate is not clear. To the extent that we are asked to take part in any sort of enforcement of Governor Hochul’s mask mandate, we will be taking an educate to cooperate approach.
In Niagara County, we will continue to focus our county resources on vaccinations, contact tracing, testing and working to keep kids in school. As a matter of fact, we held five vaccination clinics this week.
We continue to seek more testing resources from the state, including reopening the free testing site at NCCC, because we believe identifying and isolating those who test positive is the greatest need right now to reduce the spread."
Attorney Todd Aldinger tells WBEN's David Bellavia he understood the 3 day warning on Friday. "The delay is acceptable. You don't want to put a policy into effect right away so you don't pull the rug out from under people," says Aldinger. He says a mandate like one from President Biden that takes effect in 2 months takes away the urgency of it.
Aldinger does add he's concerned about the mandate. "Now Kathy Hochul has all the same powers they gave Andrew Cuomo last year, but her powers are untethered to any statute or emergency declaration. The courts seem to think the pandemic is self-evident enough to be an emergency and she can do what she wants," says Aldinger, which is why he's going a different route in challenging mandates.
"I'm bringing most of my lawsuits to federal court because the state courts will roll over to the executive branch and not fight for the separation of powers."
The mandate concludes January 15th.