Kemp bans mask mandates by local governments

Published 1:00 pm Thursday, July 16, 2020

ATLANTA — In a new executive order signed late Wednesday, Republican Governor Brian Kemp banned local governments from ordering residents to wear masks in public spaces but extended COVID-19 restrictions.

The move comes after at least 15 cities and counties across the state have mandated the use of masks by residents as Kemp has doubled-down that he will not require them statewide.

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Kemp has pushed Georgia leaders to encourage residents to wear masks. His most recent argument to Georgians is that if they’d like to see a college football season, they’ll wear a mask to mitigate further spread.

Late last month, Savannah Mayor Van Johnson was the first to test the waters with a requirement that all the city’s residents wear masks to help stop the spread of COVID-19. But until the new executive order, it was unclear how the governor would handle local elected officials making the decision.

“Frankly, and honestly, I do not believe we have any other choice,” Johnson said on his decision.

The jockeying between Kemp and local officials opting for masks is poised to set up a legal battle which the governor said is not out of the question.

Georgia mayors who want to institute mask requirements say they’re at a loss of what they can do legally. Tifton Mayor Julie Smith — the cities first female mayor — said on Georgia Public Broadcast’s Political Rewind Thursday morning that the governor’s order takes away city officials’ ability to enforce masks in City Hall and other government buildings.

“From everything we’re hearing, masks do make a difference. Are they comfortable? No. Do we like wearing them? No. But it does make a difference,” she said. ” … As elected officials, it’s such a challenging time. Our job is to protect and take care of our citizens.”

Smith said the region’s hospital is completely full.

The ban comes as Georgia cases have skyrocketed in the past weeks — the Peach State beating it’s record cases added in a day over and over again.

As of Wednesday, the state reported 127,834 coronavirus cases and 3,091 deaths. The state’s positive rate from testing has slowly creeped up to more than 10%.

A little more than a week ago — just more than four months since the first confirmed cases in Georgia, the state reached a grim milestone of more than 100,000 reported cases.

The state is up against rising hospital capacity levels. As of Wednesday, according to the Georgia Emergency Management Agency, the state only had 16% of critical care beds and 16% of general inpatient beds available for use.

Some hospitals regions are in single digits for critical care beds available.

Health experts have pleaded for widespread mask use. Jonathon Lewis, chief executive officer of Emory Healthcare said earlier this month it “is very concerning” to see the state and national case totals rising at a pace similar to the start of the outbreak.

In an email message to the community, Grady Chief Executive Officer John M. Haupert called the latest coronavirus numbers in Georgia “frightening.”

“COVID-19 is spreading at an alarming rate,” he wrote. “And there are real indications that local hospitals will be stretched well beyond capacity before infection rates are brought under control again.”

Kemp’s order also extends COVID-19 restrictions through July 31. The 41-page order extends the ban on gathering of more than 50 people and rules on how businesses operate. It also requires nursing home residents and “medically fragile” populations to continue to shelter in place. The state of emergency is now pushed back to expire on Aug. 11.

“Previous executive orders — and now this order — state no local action can be more or less restrictive than ours,” Candice Broce, spokesperson for Kemp, said on social media. “We have explained that local mask mandates are unenforceable. The Governor continues to strongly encourage Georgians to wear masks in public.”

Georgia Democrats slammed Kemp for making the decision to ban mask mandates after President Donald Trump made a stop in Atlanta to unveil a new infrastructure policy.

Nikema Willaims, chairwoman of the Democratic Party of Georgia said “more Georgians will die” because of Kemp’s decision.

“Georgia mayors showed leadership when they enacted mask orders to protect their citizens while the state government did nothing,” she said. “Kemp muzzled local power in order to do Trump’s bidding at the expense of Georgia families’ health and safety. We are running out of time — Georgians need help, not callous cruelty to please a failing President.”