HB 257 brings an end to Lewis & Clark County mask mandate

The Lewis and Clark County mask mandate came to an end Friday afternoon, May 7 with Gov. Greg Gianforte's signing of House Bill 257 into law.

The bill, co-sponsored by Becky Beard, R-Elliston, removes the ability of city, county and local health boards or officers to compel businesses to deny customers access to their premises, or to compel businesses to deny customers access to goods or services

However, it still allows businesses to require face coverings and does not prevent anyone from wearing a mask if they so choose.

Locally, Lincoln businesses began removing mask requirements in the middle of last week, in anticipation of Gianforte signing the bill, which applies retroactively to mandates adopted after Jan. 1, 2020.

Lewis and Clark County Public Health Officer Drenda Neimann announced the end of county enforcement in a press release issued Friday afternoon.

"This bill effectively removes nearly 100 years of basic, preventative public health measures used to contain and help prevent the spread of infectious disease," she said.

The end of the mask mandate also prompted the Lincoln School Board to rescind the schools mask mandate during their May 10 meeting. A survey sent parents found that a clear majority of the 37 respondents were comfortable with lifting the requirement once county policy changed.

In December, the Lewis and Clark City-County Board of Health adopted emergency rules and regulations related to the COVID-19 pandemic, including the mask mandate.

The Board of Health includes the School District 1 superintendent, representatives from the County Commission, the Helena City Commission, the East Helena City Council and five other members appointed by the county commission.

Gianforte lifted statewide restrictions when he took office in January, but state law allowed local and county health officials to enact measures stricter than those of the state. Lewis and Clark Public Health lifted restrictions in the county except the mask mandate on March 12.

Statewide, the restrictions enacted by local health officials were seen by some as an overreach, which led the legislature to take up House Bill's 121 and 257, both of which passed the Republican-majority legislature along largely partisan lines.

Both HB 257 and HB 121, which Gianforte signed April 16, require a local governing body to adopt public health rules. However, Lewis and Clark County Commission Chair Andy Hunthausen explained at Lincoln Government Day Friday morning that the county is still working to sort out the details of what that means and how it applies to Lewis and Clark Public Health.

Under the new law, rules made by the board of health or heath officer have to be approved by the "governing body," but Hunthausen said that's not necessarily the county commission, and it may not be the City-County Board of Health. Under the current interlocal agreement that established the board, the newly required governing body doesn't technically exist.

"We might have to go back and re-write that agreement, saying who is going to be the governing body," he said. The makeup of that body, whether it's simply the county commission, the board of health, a combination of the two or something entirely new, still has to be determined.

Regardless of the changes, Niemann is still urging people to continue wearing face coverings in indoor public spaces and to get vaccinated.

"We are not out of danger yet. We still have cases happening every single day, and several of the COVID-19 variants are present in our community," Niemann said. "We urge community members to practice personal responsibility. It will take all of us working together to get through this."

From a law enforcement standpoint, Lewis and Clark County Sheriff Leo Dutton explained that, without the authority of the mask mandate, a person can't be removed from a business by law enforcement simply for not wearing a mask. However, a business owner can nevertheless request to have someone removed from their business, because they still retain their right to refuse service.

"A business can say 'look, if you want to come into our business, you have to wear a mask.' That's a business right," Dutton said, noting it's in line with a business's right declare, "No shirt, No shoes, No service."