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Yes, Idaho law gives Coeur d'Alene authority to create mask order

Idaho Governor Brad Little is supportive of decisions made in order to "promote and preserve the health and safety of Idahoans," his office said.
Credit: Getty Images/iStockphoto

COEUR D'ALENE, Idaho — A statement that was recently posted on Idaho Governor Brad Little's website has created some confusion as to whether cities, including Coeur d'Alene, have the authority to create and enforce mask mandates. 

In an update about coronavirus vaccine planning distribution on Oct. 1, Little clarified "misconceptions about the statewide COVID-19 emergency order." 

An emergency order gives Idaho access to state and federal resources during the coronavirus crisis and communicates to the public that a state of emergency exists. But the order "does not give local governments the authority to create and enforce local mask orders," according to Little's website

This statement led to confusion among some KREM viewers who thought a mask mandate passed by the Coeur d'Alene City Council on Monday was a violation of the governor's orders.

RELATED: Masks are now required in Coeur d'Alene. Here's what you need to know

KREM reached out to Gov. Little's office for clarification on Wednesday. A spokesperson for the governor said local governments are not given the authority to create mask mandates through emergency orders, but they do have that authority through state law. 

"Governor Little is supportive of the decisions local health districts make in order to promote and preserve the health and safety of Idahoans," a statement from the governor's office reads. 

Some of those who are opposed to mask mandates argue that they violate First Amendment rights and their right to liberty. 

John E. Finn, a professor of government at Wesleyan University, explained in July that mask mandates do not violate the First Amendment. 

In a story written for The Conversation, Finn said a mask doesn’t keep someone from expressing themselves. At most, it limits where and how people can speak. Constitutional law scholars and judges call these “time, place, and manner” restrictions

If these restrictions do not discriminate on the basis of the content of the speech, such restrictions do not violate the First Amendment. An example of a valid time, place and manner restriction would be a law that limits political campaigning within a certain distance of a voting booth.

The resolution in Coeur d'Alene requires masks in indoor or outdoor public places beginning Tuesday, Oct. 27 and will be in place for 90 days unless it is terminated, modified or extended. A violation of the mask mandate is an infraction subject to a $100 fine. 

City council members also voted to make changes to the original resolution, including exceptions for children 10 and under, first responders and people with medical conditions. Officers with the Coeur d'Alene Police Department can ask people about their medical condition but they cannot require proof, Councilmember Dan Gookin said.

KREM reached out to the Coeur d'Alene Police Department on Wednesday for more information on its plans to enforce the mask mandate but has not yet received a response. 

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