The Johnson County Board of Health unanimously agreed Tuesday to language for an enforceable face-covering mandate. While Johnson County’s Board of Supervisors approved a similar resolution last Thursday, the health board’s ordinance includes enforcement provisions making it more similar to Iowa City Mayor Bruce Teague’s order by making an offense punishable by a simple misdemeanor.

The meeting was called to agree to language so the ordinance could be posted publicly and voted on. After approving the language, the board agreed to meet at a time still to be determined on Monday for a second special session. If the board supports the language crafted Tusday, the issue would need to be taken up again by the Board of Supervisors, which could be done at their next meeting, scheduled for Thursday, Aug. 6.

Finally, Iowa Code requires the ordinance to be posted in a newspaper of record to go into effect.

If it goes into effect, the ordinance would require people to wear masks covering the nose and mouth while in public spaces, including grocery stores, pharmacies, hardware stores, retail stores and schools; when using public transportation or taxi services; or when outside and unable to maintain at least 6 feet of separation from other people. Schools were added to the list during Tuesday’s meeting by board member Bonnie Rubin and agreed to unanimously by the rest of the board.

Unlike the Iowa City order, the proposed ordinance would not prevent businesses from serving or admitting customers without face coverings. It also wouldn’t require businesses to put up signage about the mask requirement.

While the intent is not “to be punitive or stigmatizing … a violation shall constitute a misdemeanor,” according to a draft of the measure provided to the board by the Johnson County Department of Public Health. The ordinance would make a first offense a simple misdemeanor with a fine that could range from $105 to $885, to be determined by a judge.

The ordinance shares the same exemptions as the Iowa City order and Johnson County resolution, stating that mask-wearing is not required when people are:

  • Alone or with household members.
  • Traveling in a personal vehicle alone or with household members.
  • Jogging or biking outside.
  • At a restaurant while eating or drinking.
  • Visiting a dentist or doctor, or obtaining other services that require temporary removal of face covering.

It also says masks are not required where federal or state law prohibits face coverings. And it exempts children under age 2; anyone who has trouble breathing or who uses oxygen therapy or a ventilator; and anyone incapacitated or unconscious or who has been told by medical, legal or behavioral health professionals not to wear face coverings.

In addition to adding schools to the list of public spaces, the county’s board of health voted to add language citing the growing evidence of long-term health impacts after contracting COVID-19.

The Johnson County Attorney’s Office and Department of Public Health released a draft of the ordinance to the Board of Health on Monday. The draft included an argument for Iowa’s county boards of health exercising authority to issue such ordinances. Quoting the Iowa Code’s list of local boards of health’s responsibilities, the memo says “a local board of health shall … Make and enforce such reasonable rules and regulations” so long as they are consistent with law and the rules set by the state’s board of health.

The following draft does not contain textual changes made during Tuesday’s meeting. It depicts the document the Johnson County’s Department of Public Health sent to the Johnson County Board of Health to prepare for Tuesday’s meeting:

Zachary Oren Smith writes about government, growth and development for the Iowa City Press-Citizen. Reach him at zsmith@press-citizen.com, at 319 -339-7354 or on Twitter via @Zacharyos.

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