Police: Education over enforcement
PHD mandate authority explained
The Panhandle Health District’s decision to mandate masks has raised questions about enforcement and the nature of the law. Will citizens be charged with misdemeanors for not remaining masked at specific times and places? What is a Health District and how can they mandate such things?
The Panhandle Health District is an administrative and regulatory agency that offers a broad variety of health services, including clinical services such as opioid addiction prevention, suicide prevention and tracking and disseminating a range of health statistics.
It also issues septic permits, conducts inspections of public pools, monitors water quality and tracks disease vectors and environmental hazards such as ticks and algal blooms.
In addition to all this, the health district has authority to issue legally enforceable regulations for the purpose of protecting public health.
The 1970 Idaho Legislature established seven health districts in the state to standardize and optimize health policy. The Panhandle Health District is composed of the five northernmost counties in the state. The governing group, the District Board of Health, is composed of seven members elected collectively by the county commissioners of Bonner, Boundary, Kootenai, Benewah, and Shoshone counties.
The authority of the District Board of Health is vested in Idaho Code Title 39, Chapter 4, which establishes the scope of power for such health districts in regards to health emergencies, quarantines and infectious disease policy. The decisions of the board are subject to public and judicial review. The board’s decisions are also enforceable laws, and violating their mandates is a misdemeanor according to Idaho Code 39-419.
The health district is not, however, an enforcement agency, and it relies on county and city law enforcement for action on its regulations.
In regards to the mask mandate, area police have all described a similar enforcement policy.
“We’re not going to go out hunting for them.” said Sgt. Bill Ray of Rathdrum police.
“We will not be doing proactive patrols,” said Spirit Lake Chief of Police Dennis Sanchez. He added, “If we are held to account by a citizen then we will address it and focus on education over enforcement.”
Capt. Greg McLean of Post Falls Police said, “We are responsible for enforcing Idaho statutes, but, for our part, the emphasis is on education. Businesses do have the authority to demand masks. But we are encouraging people to read the regulation and cooperate when necessary.“
A media release from Kootenai County Sheriff Ben Wolfinger reads, “Mask wearing violations will be dealt with on a case-by-case basis. We will favor education over enforcement and will take a measured response to enforcement with a strong focus on warnings.”
By Friday afternoon, none of the local law enforcement agencies had reported any citations for mask violations.
Joseph Righello, the Environmental Health Division administrator of the Panhandle Health District and liaison to law enforcement in regulatory matters, said, “We’ve talked with the sheriff and we know their ability to enforce the mandate is limited at best.” In regards to noncompliance with the mask order, Righello added, “I’m concerned about it. Will you have people left, right and center who don’t want to comply? Sure.”