Back to the future: California counties impose seasonal mask mandate on health workers

Mask mandates are back.

Several Bay Area counties in California will require health care workers to mask up from Nov. 1 to either March or April, an unusual revival of rules that sparked controversy during the height of the pandemic.

Alameda, Contra Costa, Santa Clara, San Mateo and Napa counties have issued the orders, which apply to workers at skilled nursing facilities, hospitals and other facilities. In some places, violations would be considered misdemeanor offenses punishable by fines or even imprisonment.

Counties say they are imposing the rules to try and stop the spread of COVID-19, flu and other seasonal viruses.

While the mandates aren’t as widespread as the ones public health care officials imposed in 2020-2021, they go against the grain. 

Most places have moved on from pandemic rules and some areas have considered a ban on face coverings that obscure someone’s identity. It’s already become a political issue in the Golden State.

“Mask mandates are making a comeback in California,” said Rep. Kevin Kiley, California Republican. “We must elect the right people to assure history doesn’t repeat itself.”

Mask and vaccination rules fueled raucous controversy during the COVID-19 crisis, with business lobbies, airline pilots and other litigants going to court to block Biden administration mandates and Democratic-run cities and states fighting with similar groups over their rules.

Former President Donald Trump is campaigning for a return to the White House next year in part on a vow to prevent mask mandates from reappearing.

“I will not give one penny to any school that has a vaccine mandate or a mask mandate,” the Republican nominee said earlier this year.

His running mate, Sen. J.D. Vance of Ohio, filed the Freedom to Breathe Act in September 2023 to prohibit the president or any federal official from issuing a mask requirement on domestic air travel, public transit systems, or primary, secondary and post-secondary schools.

The Biden-Harris administration hasn’t said much about masking since declaring an end to the COVID-19 public health emergency in May 2023. It does, however, recommend annual vaccinations against COVID-19 and flu, plus a shot against respiratory syncytial virus (RSV) for those who qualify.

Some places are so opposed to mask rules they are running in the opposite direction and attempting to curtail even voluntary face coverings.

In August, Republican lawmakers in Nassau County, New York, passed a bill that would prohibit mask-wearing except for health or religious reasons — a response to mask-wearing by protesters.

The Bay Area orders apply only to health care workers. But San Mateo County will require health facility visitors to don masks, and Santa Clara extended its rules to both visitors and patients, according to the San Francisco Chronicle.

The orders have exceptions for people 2 years old or younger or who have a medical condition that makes it difficult for them to breathe while wearing a mask. There are also exceptions for workers interacting with someone hard of hearing.

The counties justified the orders by pointing to seasonal surges in viruses during the colder months.

“The seasonal surges also risk overwhelming health care facilities in the county, jeopardizing the capacity to provide care for these and other patients,” the Contra Costa County order says. “The masking of personnel in these facilities is necessary to provide a layer of protection to patients during the respiratory season when risk of exposure is highest.”

Some of the orders do not outline punishments for violating the mandates. Others, however, use broad language to suggest ominous penalties.

“The Health Officer requests that the Sheriff and the Chief of Police in the County ensure compliance with and enforce this order,” the San Mateo County order says. “The violation of any provision of this order constitutes an imminent threat and immediate menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment or both.”

For more information, visit The Washington Times COVID-19 resource page.