County residents seek to overturn mask mandates

Nearly three months after Gov. Steve Bullock issued a statewide mask mandate, Lincoln County residents are attempting to push back against face-covering requirements with a petition.

Katrina Newton, Libby resident, spent multiple afternoons last week gathering signatures to repeal Bullock’s July 15 mandate and a more far-reaching health order issued by the county health officer. Newton also circulated another petition on Facebook that aims to make wearing masks voluntary throughout the state.

Bullock’s directive requires residents in counties with more than four active cases of the coronavirus to wear face coverings in indoor public spaces. It also applies to outdoor gatherings with more than 50 people where social distancing is either unfeasible or ignored.

Dr. Brad Black’s July 21 health order, which applies specifically to Lincoln County, follows the governor’s mandate but omits the case count threshold. This means the order remains in effect until Black lifts it, regardless of the number of active county cases.

Health department officials said in late summer, as cases dropped into the single digits, that it would prevent confusion.

The petition circulated by Newton postulates that local and statewide declarations of emergency were declared based on fraudulent data and that unelected officials are “tyrannically closing down events… and tyrannically implementing [the] mandate of the governor/county on people.”

The Lincoln County Board of Commissioners lifted the local pandemic-related state of emergency declaration as fire season approached. Troy City Council, meanwhile, has kept the state of emergency active in that community. Regardless, states of emergency largely ease the process of getting federal funds to a disaster area.

Black’s mask order stems from his authority under Title 50 of the Montana state code, which gives health officers wide ranging powers in times of “imminent threat” to public health.

The signers of the complaint argue they have the right to make their health care choices regarding mask-wearing, testing and vaccination.

The demands of the petition include repealing the nonexistent state of emergency in Lincoln County, to “cease and desist in terrorizing citizens and businesses with unconstitutional actions,” to nullify Bullock’s mask mandate and to better control health officials and workers.

At least one other resident was gathering signatures in Troy according to Newton. Newton said organizers intend to bring the petition to Lincoln County commissioners after they finished gathering signatures.

Commissioner Mark Peck (D-1), however, said during a Sept. 30 meeting that a petition would need to meet certain standards. For commissioners to consider the document, Peck said it would have to be validated.

Commissioner Jerry Bennett (D-2) said the petition, as is, functioned as a gauge of public sentiment.

It’s not clear what, if anything, county commissioners could do if the petition were validated and presented. They lack the authority to reform Black’s public health order. While the county health board is responsible for appointing the heath officer, legal experts were unsure if the board could replace him under current conditions.

According to state code, Lincoln County electors could request, by petition, an election to repeal an ordinance. The petition, however, would have to be approved by the county election administration and garner signatures from at least 15 percent of the local government’s qualified electors to require an election.

To change state law, petitioners must submit a draft of the amendment text, a statement of purpose, and statements explaining a “yes” or “no” vote to the Montana secretary of state. Petitioners would have to gather signatures equal to five percent of votes cast for the governor in the most recent gubernatorial election to put a measure on a statewide ballot.