Bonner County officials bridle against mask mandate

SANDPOINT — Bonner County's elected officials are bridling against a Panhandle Health District order requiring people to wear facial coverings to curb the spread of the novel coronavirus.

Bonner County Commissioner Steven Bradshaw proposed a resolution Tuesday which holds that breathing is an unalienable right which cannot be infringed upon and calls for the county to cease funding to the district, which oversees public health matters in Idaho's five northern counties.

"We are welcomed into this world with our first breath and delivered from it with our last. Breath is the very essence of life. There is no right more fundamental than the right to breathe, for without it, life ceases to exist. No governmental agency has the power to regulate this fundamental right," Bradshaw said, reading from the resolution.

Commission Chairman Dan McDonald said the board will have to place the resolution on next Tuesday's business meeting agenda in order for it to be considered.

Bonner County's current budget includes $256,985 in payments to the district, according to county Clerk Michael Rosedale.

The pushback comes as coronavirus cases continue to surge in Bonner County and elsewhere in the Panhandle.

Bonner County has had 908 cases over the course of the pandemic, 248 of which remain active, according to the health district.

The health district instituted the mask mandate on Nov. 19, against the wishes of Allen Banks and former county Commissioner Glen Bailey, both of whom represent Bonner County on the district's board. The order requires the use of face masks in public and other places where 6 feet of social distancing cannot be accomplished.

Those who do not comply with the order could be charged with a misdemeanor punishable by a fine, imprisonment or both, the order states.

Bonner County Sheriff Daryl Wheeler, however, announced on social media Tuesday that his office will not be investigating or enforcing the mask mandate here. Wheeler said enforcement of the PHD requirement would be left to the Sandpoint, Ponderay and Priest River police departments.

"Governor Little, instead of calling up the Idaho Legislature, empowered the unelected Panhandle Health District with a legislative function," Wheeler said in a post to the department's Facebook page.

Wheeler contends the mask order is unenforceable and said law enforcement agencies across the country are either passively or actively enforcing the mask requirement.

"The Bonner County Sheriff’s Office is working at maximum capacity on real crime, and it cannot enforce the unenforceable mask rules," Wheeler said in the post.

Priest River Police Chief Drew McLain said his department's officers will continue to educate the public about wearing masks, although he notes that enforcement of isolation and quarantine provisions in the district's order is up to the Idaho Department of Health and Welfare.

McLain said officers are reminding those who are sick or have tested positive for the virus to stay home and abide by Centers for Disease Control and Prevention recommendations.

"We want to avoid turning neighbor against neighbor in our great community. The best part of being in a small community like Priest River is knowing all of our neighbors," McLain said.

McLain said times have been tough for residents and business owners and his officers will do their best to show empathy and sympathy during these trying times.

McLain further notes that his officers are reminding residents that if a private property owner or business requires a mask and a person refuses to leave, the person could be cited for trespassing.

"It is important to keep in mind employees of our local businesses do not set policy and please be kind to them regardless of your stance on the issue because they have been trying their best to stay safe along with their families during this pandemic," McLain said.

Sandpoint Police Chief Corey Coon said the city is in the process of drafting a statement regarding the enforcement of the mask requirement. Ponderay Police Chief Jimmy Cornelius did not immediately respond for a request for comment on Tuesday.

The order was imposed due to how easily the virus which causes COVID-19 can be transmitted and because Kootenai Health in Coeur d'Alene reported an increase in hospital patients with the virus. The hospital also expressed concerns about its ability to provide appropriate levels of care for all patients if the upward trend continues at the current rate.

Four people voiced support Tuesday for Bradshaw's plan to withdraw funding from Panhandle Health, which also serves Kootenai, Boundary, Shoshone and Benewah counties.

"This is a prime example of regional governance by unelected bureaucrats who are out of control and creating law. Those from Shoshone, Benewah and Kootenai counties should not be able to tell Bonner County residents what they must do," Samuels resident Anita Perry said in a statement to commissioners.

Rose argued the mask requirement is ineffective in slowing the spread of coronavirus and invites its own health risks, such as bacterial pneumonia.

"Health responsibility is a core value of North Idaho and many of us moved here to escape this type of oppression. It is all nonsense," Rose added.

Anita Perry said the PHD order threatens the livelihoods of businesses in Bonner County and forces employees to wear masks or face the loss of their jobs.

"This has to stop. Please let Bonner County send a strong message against tyranny by unelected bureaucrats," Perry told commissioners in her statement.

Commissioner John Connolly encouraged the public to read the health district's order before taking a side in the enforcement of it.

"I would just encourage everybody to actually read the Panhandle Health District mandate," he said. "There’s not a lot of binding things to it if you actually read all the details to this."

Keith Kinnaird can be reached at kkinnaird@bonnercountydailybee.com