July, 2020
Lincoln – For those who may miss watching well-executed football plays in Lincoln this year, there's an alternative. Lincoln mayor Leirion Gaylor Baird just called the signals to require masks in the fight against the coronavirus. She lined up blocking for the play from the county medical society, representing 600 physicians, from the UNL chancellor, from local school administrators, and from the head of the Chamber of Commerce. She scored.
The score may hold up against the virus, as masks are likely to be the most effective method to contain its spread. Masks may save the day to protect businesses, schools, and colleges from having to shut down. The mayor's call will doubtless have a beneficial effect if the momentum can be kept up and Lincoln residents comply.
The play called by the mayor was set up by the failure of an earlier play to persuade Governor Pete Ricketts to re-open carefully, so as to prevent a virus resurgence. That didn't work; he did not heed her advice.
Governor Ricketts, who has repeatedly said the virus cannot be stopped (despite much evidence to the contrary in other jurisdictions), is urging officials to throw a flag and call the play back. He prefers voluntary mask-wearing.
This time, the mayor has stronger legal authority behind her. Not only does the Lincoln-Lancaster health department have historical legal powers to take such action to protect the health and safety of its residents, it is questionable whether the like powers of the governor may be used in effect to reverse the mayor, so as to endanger, rather than protect residents. That would be a bizarre use of the state's police powers.
It this goes to court, I hope a judge will not give the governor any injunction he wants against mandatory masks, but will place the equity interests of saving lives ahead of any claim that mandatory masks, like mandatory speed limits or mandatory seat belts, are the issue. Let that question be sorted out later, in a year or two.
Let the well-called, well-blocked, score stand.
If Governor Ricketts wants to be useful, he can call the President and advise that Nebraska and all other states need a coordinated, nationwide effort to supply Covid-19 testing materials and to expedite turn-around times to get results into the hands of contact tracers. The President has the power to do this under the Defense Production Act and other emergency authorities. It is utter foolishness to make states compete against each other when a national effort, under competent leadership, is obviously necessary.
If the Lincoln business community, which recognizes the urgency of avoiding another shut-down, wants to make a real impact, it will advise the Governor and the whole Nebraska congressional delegation that it will not support incompetence, no matter what the political party label.
