Scaled-back version of Milwaukee's mask mandate, without a 30-foot rule, advances

The city moved one step closer to requiring masks in public Thursday when a scaled-back version of Milwaukee's proposed mask ordinance was approved by a Common Council committee.

A special Common Council meeting has been scheduled for 1:30 p.m. Monday to take up the mask mandate and a separate proposal to provide free masks to city residents.

"The science is clear — face coverings make a difference," lead sponsor Ald. Marina Dimitrijevic said during the meeting. "We're trying to find the best practices that can protect people and save lives."

The city's mask mandate has undergone changes since it was released Monday night. Most notably, the earlier version of the ordinance would have required people to wear masks outside when they see anyone within 30 feet who is not a member of their family or household. The latest version reduced that distance to 6 feet.

"We listened to people," Dimitrijevic said. "We went from 30 feet outdoors to 6 feet."

Not everyone was convinced.

"If you're going to keep the outdoor piece, then I'm out," Ald. Mark Borkowski said.

It passed on a 3-1-1 vote, with one objection and one abstention. Alds. Dimitrijevic, Chantia Lewis and Scott Spiker voted in favor of the ordinance while Borkowski objected. Ald. Khalif Rainey abstained.

The vote advances the ordinance to the full Common Council.

The new version also increased the age for those who would be required to wear masks from 2 to 3 years old.

Under the ordinance, people would still be required to wear masks while in public places that are indoors, with some exemptions, including for those who are "consuming food or beverages" or people with medical conditions.

An amendment to the ordinance proposed by Spiker that would have exempted people on public patios, which he called the "patio proviso," failed due to concerns raised by Health Commissioner Jeanette Kowalik and others. They warned it could create a loophole allowing people to gather on crowded patios without masks, putting other customers and essential workers at risk.

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Members of the Public Safety and Health Committee also approved a proposal that would provide free masks to all city residents. Under that plan, the Milwaukee Health Department could accept cash donations of up to $100,000, and in-kind contributions, to establish a program under which city residents may receive a free mask upon request.

Dimitrijevic said the MKE Cares ordinance has the support of many local small businesses, thousands of residents on a change.org petition, local health care providers, VISIT Milwaukee, the Milwaukee Area Labor Council, and United Way of Greater Milwaukee and Waukesha County, among others.

Under the ordinance, any person 3 years old or older in the city of Milwaukee "shall have possession of a face covering when the person leaves home or other place of residence." 

People would be required to wear masks in indoor public places and outside when another person who isn't a member of their household is within 6 feet.

The plan would require Milwaukee businesses to enforce the mask requirement or risk being shut down. Any business that failed to enforce the rule could be fined between $50 to $500.

Under the ordinance, the health commissioner and city attorney would be authorized to "pursue license revocation or a court order closing a building open to the public" if they don't require people to wear masks.

The ordinance also says that a business has the right to refuse service to anyone for failure to comply.

The proposed Milwaukee ordinance allows some exceptions to the mask ordinance, which have also been expanded from the earlier version to include religious reasons, some law enforcement situations and school settings. Exemptions now include:

• Children under the age of 3.
• People who are consuming food or beverages.
• Those who can't wear a mask due to a medical condition, mental health condition, developmental disability, or are "otherwise covered under the Americans with Disabilities Act."
• People who have upper-respiratory chronic conditions and "silent disabilities."
• People getting medical or dental treatments.
• When federal, state, or local law otherwise prohibit wearing a face mask, or where it is necessary to evaluate or verify an individual's identity.
• People whose religious beliefs prevent them from wearing a face covering.
• People in government facilities closed to the public as well as schools, including higher education facilities, public and private K through 12 schools, and childcare or youth facilities, that have a mitigation strategy approved by the health commissioner.

Contact Mary Spicuzza at (414) 224-2324 or mary.spicuzza@jrn.com. Follow her on Twitter at @MSpicuzzaMJS.