Mask Mandate Anticipated To Go Into Effect Saturday

Milwaukee’s latest COVID-19 mask mandate is expected to take effect Saturday.

“I signed Milwaukee’s mask ordinance this morning which will take effect once it is published in the coming days. Public safety is my paramount concern, and, during the current surge in COVID-19 cases, masking is one reasonable mitigation step,” said Acting Mayor Cavalier Johnson in a statement.

The Common Council adopted the new mandate on Jan. 18 and set an expiration date of March 1. Johnson had 10 business days to sign the ordinance into law or veto the proposal.

The mayor’s signature triggers a need for City Clerk Jim Owczarski to submit the notice to the city’s paper of record, The Daily Reporter, for publication. Owczarski told Urban Milwaukee his office is working to have it published Friday, which would put the mandate into effect on Saturday.

The ordinance requires anyone older than age three who is in a building open to the public to wear a face covering.

The 2020-2021 mask mandate included exceptions for those eating or drinking, individuals with medical conditions that prevent mask wearing, individuals in settings where it is not practical (such as dental services), those whose religious beliefs prevent wearing a face covering and those who are in a situation where another law prevents wearing a face covering. The new ordinance includes additional exceptions for performers during rehearsals or performances and individuals engaged in athletic activities.

“There is still accountability in this order before you,” said lead sponsor Alderwoman JoCasta Zamarripa to her colleagues on Tuesday. But instead of monetary penalties, the enforcement will be focused on license renewals.

But the acting mayor said enforcement will be centered on education.

“Enforcement will be limited with a focus on education,” said the acting mayor in his statement. “Businesses in Milwaukee have endured significant consequences from the pandemic, and I appreciate all the efforts they have made to reduce the spread of the disease.”

The Milwaukee Health Department, according to the ordinance, may institute a three-step system for enforcement. A complaint could trigger a letter, with an additional complaint triggering an on-site visit or phone call. A third complaint could trigger an on-site visit and a written letter documenting a violation could be forwarded to the licenses division.

When a licensed business is before the council for renewal, the written letter could be used as a factor in renewal decisions. Violations of the 2020 mandate (which expired in June 2021) factored into council decisions to close Junior’s Cocktail Lounge and VIP Lounge in 2021.

Health Commissioner Kirsten Johnson, in a committee meeting discussing the proposal two weeks ago, said she has no intention of enforcing the mandate the same way the original measure was enforced. It involved inspectors receiving threats and tens of thousands of dollars in fines being issued to businesses.

“I don’t think it will necessarily have an impact on our burden rate… It will protect some of our employees,” said the health commissioner on Jan. 7 in support of the measure.

Both Johnsons, Zamarripa, Ald. Marina Dimitrijevic and other council members continue to champion vaccination as the most important public health measure to combat COVID-19.

“I have repeatedly pointed out Milwaukee’s path out of the current pandemic relies on vaccination. Too many people in our city are not vaccinated, and that needs to change,” said the acting mayor. “COVID-19 in Milwaukee continues to be measured in the extreme transmission category. Hospitalizations and deaths are near 12-month highs. Everyone should make masking and distancing part of their routines, and, please, get vaccinated and boosted for your sake, your family’s sake, and for the entire city.”

According to the Wisconsin Department of Health Services COVID-19 dashboard, 54.2% of all Milwaukeeans have received at least one dose of any of the vaccines. That trails the state average of 62.9%.

The Milwaukee vaccination rates vary by ZIP code, with a low of 41.6% in 53233 (the near west side area and the Marquette University campus) and a high of 77.8% in 53203 (Westown).

Two mayoral candidates, in press releases, were critical of the ordinance: Robert Donovan and Michael Sampson.

For more on the ordinance, see our coverage from Tuesday.

UPDATE: The article originally said Donovan and Sampson were opposed to the mandate. It has been changed to say they are critical of it. You can read their statements by clicking on their names. The description of the 53233 ZIP code has also been updated.

Related Legislation: File 210628