Northwest Arkansas Democrat-Gazette
Lawmakers: Backlash on masks unlikely
Some NWA delegation members wary of governor’s orders, though
FAYETTEVILLE — Fayetteville’s new ordinance requiring masks in indoor public places sparked some lively conversations among state lawmakers, but no talk of counter-legislation like they have used in the past, lawmakers said.
In another covid-related matter, some delegation members expressed unease at the governor granting protection from liability to businesses operating during the pandemic. Most, however, supported his action and agreed it was preferable to calling a special session of the Legislature to pass laws on liability.
Fayetteville’s City Council unanimously passed Tuesday requiring anyone in the public portion of a business to wear a face covering. Exceptions are made for when people are eating, drinking or exercising, or in small group settings in which a distance of 6 feet can be achieved. It does not apply to outdoor settings unless social distancing is not possible.
Gov. Asa Hutchinson has no plans to actively oppose the measure even though it exceeds the requirements issued by the state. He called for a unified, consistent approach statewide in response to the pandemic.
Washington County reports the fastest growth in covid-19 cases in Arkansas, state Department of Health figures show. Fayetteville is the county seat of Washington County.
Washington County reports the fastest growth in covid-19 cases in Arkansas, state Department of Health figures show. Fayetteville is the county seat of Washington County.
Sen. Bart Hester, R-Cave Springs, was chief Senate sponsor of a 2015 state law limiting the ability of city and county governments to expand anti-bias protections. He introduced the bill after Fayetteville passed an ex- panded civil rights ordinance prohibiting discrimination on the basis of gender identification or sexual orientation.
Hester also introduced a 2019 bill, now a law, prohibiting county and city regulation of matters of home construction appearance such as size, placement and “architectural styling” of windows, doors and garages. It reduces a city’s authority to set minimum square footage and standards for decorative building material, among other things.
Hester called Fayetteville’s mask ordinance overreaching Wednesday. Yet he said he plans no legislative counter when the General Assembly convenes in January.
“I’m happy to hear it,” Hester said of the ordinance. “We can tell any company that wants to do business to come to Benton County.”
“It’s almost silly,” he said. “They had an endless protest in Fayetteville that filled their town square. They did that first; then they passed this ordinance.”
Sen. Greg Leding, D-Fayetteville, said he was at the June 2 protest in the city square and the great majority of people there wore masks. The protest regarded the deaths of black Americans in police custody, particularly of Minne- apolis resident George Floyd. Floyd died after one of that city’s police officers knelt on his neck for almost nine minutes.
“Fayetteville is the county seat of the county with the most known cases of the disease who expects thousands and thousands of students to return here in the fall” when the University of Arkansas’ next semester begins, Leding said. The mask ordinance is a reasonable response, he added.
Leding and Hester share concern about the governor signing three executive orders granting businesses and health care workers greater immunity from coronavirus-related lawsuits while also extending workers’ compensation benefits to those who fall ill from the virus on the job. The governor signed those orders on Monday rather than call a special legislative session to pass such laws.
“Turnabout is fair play, and someday we may have a Democratic governor issuing executive orders we [Republicans] don’t like,” Hester said.
“This should have had a chance for debate and for the people of Arkansas to watch that debate,” Leding said.
Rep. Austin McCollum, R-Bentonville, will take over as House majority leader when the next General Assembly convenes. He said Thursday lawmakers were polled, and a majority of House members supported the governor taking executive action. Some lawmakers’ concern about the governor acting without authorization by the Legislature was outweighed by the need to act in an emergency, he said.
“I don’t think this sets a precedent because this is such an extraordinary situation,” McCollum said.
He said no one he’s heard is talking of bringing up the Fayetteville mask issue in January. Even many critics of the ordinance understand why the city wanted the action but don’t believe it has the power to enforce it, he said.
“You can be for wearing masks and against unconstitutional acts,” he said.
Sen. Jim Hendren, R-Sulphur Springs, is president of the Senate and is also the governor’s nephew. Any Arkansas governor has emergency powers under the law, he said. Those emergency powers were created precisely to deal with situations such as the current pandemic, he said. There is no serious legal question the governor acted as authorized by those emergency powers, he said.
“People need to realize those executive orders go away once the emergency is over,” Hendren said. “If the Legislature met in special session and passed laws, those laws would not.”
Part of the reason lawmakers didn’t want a special session is because they are overloaded with constituent needs during the pandemic, said Rep. Denise Garner, D-Fayetteville.
“We’re back in our districts where schools are going to open in two months,” she said Friday.
Requests for help with health care, unemployment insurance claims, covid-19 testing and a host of other issues played a major role in legislators’ decision not to push for a special session, she said.
As for the mask ordinance, the problem isn’t a city like Fayetteville doing too much, Garner said. The problem is the state not doing enough.
Contract tracing — finding infected people and determining who they have been in contact with — in Arkansas is still days or weeks behind and late tracing results are almost useless, she said. Testing isn’t nearly at the level needed to find new cases to trace, she said.