GOP mask refusals stoking tensions
State Senate refuses to allow working virtually
MADISON – A year into the coronavirus pandemic, Wisconsin lawmakers are still debating face masks.
Republicans who control the state Legislature are pushing their colleagues to debate and vote on legislation in person but won’t require everyone to wear face masks — an environment Democrats are warning could put those who visit and work in the state Capitol at risk.
The inconsistent mask-wearing while the coronavirus pandemic persists is emerging as a flashpoint between Democratic lawmakers who want all members to wear face coverings at all times until everyone is vaccinated and some Republicans who refuse to wear them.
The tension spiked last week on the Senate chamber floor when Republican leaders of the state Senate refused to allow Democratic members to participate virtually and did not require the body to wear masks while sitting and bellowing together in one space.
“I expected, when I ran for the Senate, was that there would be partisan fights and a lot of my public policy priorities would be thwarted,” Sen. Kelda Roys, D-Madison, said about being in the minority party. “What I did not anticipate was that my life and my health would be unnecessarily threatened by my colleagues.”
Roys asked Republican Sen. Alberta Darling, who wore a mask on the floor on Thursday, if she would talk to her colleagues about wearing masks during floor sessions. Darling declined.
“I chose to wear a mask today because many of you feel very strongly about it and I want to respect your opinion, but I will not take on other members of my caucus who choose not to wear masks,” Darling told Roys.
“This isn’t about masks, it’s about
the individual’s ability to do what they think is right for themselves and I don’t think they feel the same as many about the coronavirus in terms of how it spreads and so I respect that opinion, too,” she said.
Over the last two floor sessions in the state Senate, about 10 Republicans did not wear masks while participating in floor sessions — or about 30% of the chamber. Both Senate leaders and the chairman of the health committee were among them.
Jackets required — not masks
At one point, Democratic Sen. Chris Larson pointed out the Senate has a rule for male members to wear jackets but not face masks after Senate President Chris Kapenga asked him to change his attire.
“Just to be clear, we have a requirement for a jacket but we don’t have one for a mask — is that accurate?” Larson responded. “Correct,” Kapenga replied.
Senate Majority Leader Devin LeMahieu, who did not respond to a request for an interview, told WKOW in a recent interview he wears masks walking into floor sessions near other people but removes it while sitting.
“When we’re on the floor, we’re talking, we’re communicating, and we’re socially distant,” LeMahieu, R-Oostburg, said. “I think it helps with the communication in the process.”
Democrats see the behavior as flippant about the well-being of colleagues. Sen. Tim Carpenter, D-Milwaukee, listed off the 12 lawmakers who weren’t wearing masks at the start of Thursday’s floor session, accusing them of seeking to make political statements at the expense of health.
Sen. Mary Felzkowski, R-Irma, fired back, revealing she was infected with COVID-19 in the past and criticized Democratic lawmakers for hammering their Republican colleagues over the issue, noting some people don’t wear masks because of medical conditions.
“This is the second time I’ve been accused of not caring about the people in this body,” she said. “One of the things I’m tired of is mask shaming ... before people in this body automatically assume the worst, maybe if they could reach out and ask for a conversation — maybe there’s a reason people in this body don’t wear a mask.”
In the Assembly, most members wear face masks on the floor. Kit Beyer, spokeswoman for Speaker Robin Vos, said masks are highly encouraged and members are following the guidance.
Committee meetings are less consistent, however.
In one case, the clerk of the Assembly Committee on Campaigns and Elections told lawmakers the mask rule for meetings would be “restaurant-style” — or free to remove masks while seated.
“There are no consistent policies within the Legislature to guarantee that we, and every bit as important, our staff and the public are safe and that presents a very dangerous situation,” said Democratic Rep. Lisa Subeck, a committee member, after receiving the email.
“The obligation isn’t just to us, the obligation is to everyone who does business in the Capitol,” she said.
Not all committees allow virtual participation for lawmakers, lobbyists and those testifying.
Assembly Health Committee Chairman Joe Sanfelippo, R-New Berlin, is strict about masks, however. He said without a mask rule, he’s concerned Democrats won’t attend the meetings and medical experts will avoid testifying.
“It makes everybody feel more comfortable,” Sanfelippo said. “More importantly, I want the Democrats to be at our hearing so we have a well-functioning hearing.”
Sanfelippo said instituting a Legislature-wide rule on mask-wearing would be difficult because each member is independently elected and barring them from voting on behalf of their constituents may conflict with state law.
“If push comes to shove, you’re never going to have an absolute requirement, but I think it’s certainly reasonable to have everyone wear one,” he said. “Again, you want to make everyone there feel comfortable.”
Republican Sen. Dale Kooyenga of Brookfield said Tuesday he wears a mask but doesn’t think he’ll have much influence on leaders who set the Legislature’s mask policies.
“One thing I have found that has made me I think fairly effective is to not judge people too much on my right and not judge people too much on my left and take care of my district,” he said. “So, in this whole COVID mask world I’ve represented my district on that. I’m flexible and ... I’ll continue to wear a mask if it is the recommendation and makes my colleagues feel more comfortable.”
Experts recommend masks in group work settings
Mask wearing is a basic effort to protect groups of people who work together in person, infectious disease experts say, and inconsistent participation can increase the risk of infection. But the number of vaccinated lawmakers also plays a role in the level of risk.
“Indoor settings with prolonged exposure present the greatest risk for transmission, hence why universal masking is particularly important – even if the individuals are immunized,” said Jim Conway, an infectious diseases expert at the University of WisconsinMadison’s Global Health Institute.
Conway said up to 40% of COVID-19 infections are mild or asymptomatic, which means infected people can shed the virus and infect others without knowing it.
“Masks are the single most important measure we have to prevent this transmission — with the greatest impact being diminishing transmission from these types of individuals,” he said. “Masks are only modestly protective for the wearer.”
Conway said the risk of infection could also be higher in older buildings with poor air circulation and older filtration systems. He noted he does not have knowledge of the setup inside the Capitol, the physical condition of the building or what types of air handling is in place.
“While a 6-foot distance between individuals is helpful, only by having universal masking would we even begin to consider such gatherings as presenting an acceptable risk situation,” he said in an email.
Patrick Remington, former epidemiologist for the Centers for Disease Control and Prevention and director of the University of Wisconsin-Madison’s preventive medicine residency program, said if lawmakers who choose to go maskless are vaccinated against COVID-19, then the risk is lower.
“One obvious question for people not wearing masks is whether they have been vaccinated. If they have, then it seems to be a reasonable thing to do,” Remington said. “That is, the vaccine provides sufficient protection to significantly reduce the risk of becoming sick or getting others sick.”
Eleven of the 33 members of the Senate are over the age of 65 and eligible to receive vaccine shots, and more may be eligible because of their occupations outside the Legislature. The state Legislature began holding floor sessions and committee meetings before the 65-plus age group became eligible, however.
The debate over face masks comes a few months after Republican lawmakers and top GOP aides faced a coronavirus outbreak in the fall following a series of in-person events, including a retirement party for a longtime Capitol staffer.
The Republican leaders would not disclose how many or which lawmakers have contracted COVID-19, nor would they answer questions about contact tracing efforts — including whether anyone worked at the state Capitol after they were exposed to the virus.
The state Legislature conducts its own contact tracing and does not issue Capitol-wide notifications of potential exposure to COVID-19 when one person tests positive, for example.
Senate Chief Clerk Michael Queensland said the Legislative Human Resources Office conducts confidential contact tracing for each house of the Legislature and legislative service agencies.
He said that includes people who have had “close contact” with someone who tested positive for COVID-19.
For example, all lawmakers were notified in mid-January that a legislative employee who has contact with some lawmakers had tested positive for COVID-19. Legislative human resources officials notified two people who were in close contact with the person who tested positive.
Lawmakers received COVID-19 guidance that directs anyone who is in close contact with someone who tests positive to quarantine and get tested. The guidance asks lawmakers and staffers not to return to work for 10 days after being exposed without a test, or 7 days with a negative test result.