Denver Joins Several Metro Counties in Enacting New Mask Mandates
by Corey Bartkus
A slew of new mask mandates took effect throughout the Denver metropolitan area on November 24, with Denver, Adams, Arapahoe, and Jefferson Counties all instituting new measures to combat surging COVID-19 cases and hospitalizations in the region.[1][2][3] These counties join Boulder and Larimer Counties, who reinstituted mask mandates on September 3 and October 20, respectively.[4][5] This new round of mandates leaves Douglas and Broomfield Counties as the only counties in the Denver metropolitan area who have not instituted a mandate.
Under each of these mandates, masks are required to be worn in indoor public places, regardless of an individual’s vaccination status.[6] However, businesses are able to apply for a mask exemption if they can verify to local health departments that at least 95% of the people in their building are vaccinated.[7] The mask mandates in Denver, Adams, and Arapahoe Counties apply to people 2 and older, while Jefferson County’s starts at age 3.[8] And the mandates in Denver, Adams, and Arapahoe Counties will remain in effect until at least January 2, 2022, while Jefferson County’s mandate will remain in place until the number of new COVID-19 cases in the county drops below 50 cases for every 100,000 people for three weeks straight, and fewer than 8% of COVID-19 tests are positive.[9][10]
The move to reinstitute mask mandates was met with a collective groan, not only from mask opponents, but also from health experts who loathe being in the position of having to reinstitute such a measure.[11] Jefferson County Public Health’s meting was met with demonstrations by those in opposition to the mandate, who claimed that their freedom was at stake.[12] Numerous business owners complained that even if they were not opposed to a mandate, they did not want to be tasked with enforcing such an order. Z2 Entertainment, which operates the Fox and Boulder theaters, argued that the mask mandate could be detrimental to the various businesses, emphasizing that its venues already require proof of vaccination or a negative COVID-19 test for those hoping to attend a show.[13]
The mask mandates come as the new omicron variant of COVID-19 surges across the globe. On December 2, Colorado identified its first known case of the omicron variant in an Arapahoe County resident who had traveled to multiple countries in southern Africa, where the variant was first identified.[14] The individual was fully vaccinated, highlighting the ability of new variants to infect those who had previously been considered protected against the virus.[15]
While local health officials have urged Governor Polis to reinstitute a statewide mask mandate, the governor has refused to take such a broad measure, instead deferring to counties to make their own mandates as they see fit.[16] Polis said the state’s role is to increase hospital capacity, to encourage booster shots, and to make it easier for high-risk people who contract COVID-19 to get monoclonal antibodies, which reduces the risk they will become hospitalized.[17]
Takeaway:
The decision of numerous counties within the Denver metropolitan area to implement new mask mandates illustrates the urgent need to contain the COVID-19 virus, yet leaves many employers in the uneasy position of determining how to implement and enforce such measures. While the counties are trying to work with businesses to provide a smooth implementation of the mandates, businesses who fail to comply could face fines and possibly lose their license. Call the experienced Employment Law attorneys at Campbell Litigation today at 303-536-1833 to discuss your company’s options in this time of constant change and uncertainty.
[1] https://www.denvergov.org/files/assets/public/covid19/documents/public-orders/pho-face-covering-order-20211123.pdf
[2] https://www.tchd.org/DocumentCenter/View/9821/Mask-Order-in-All-Public-Indoor-Spaces_11232021
[3] https://www.jeffco.us/DocumentCenter/View/29819/JCPH-PHO-21-006-Requiring-Face-Coverings-in-Public-Indoor-Spaces
[4] https://assets.bouldercounty.org/wp-content/uploads/2021/09/bcph_pho_2021-08.pdf
[5] https://drive.google.com/file/d/1pzJAhbm18WaekFdNxRVZYtu8RPaeDTFw/view
[6] https://www.denverpost.com/2021/11/23/denver-mask-mandate/
[7] Id.
[8] Id.
[9] Id.
[10] https://www.denverpost.com/2021/11/22/mask-mandate-jefferson-county-colorado/
[11] https://denver.cbslocal.com/2021/11/23/mask-mandate-denver-counties-jefferson-adams-arapahoe-colorado-delta-covid/
[12] https://denver.cbslocal.com/2021/11/22/colorado-indoor-mask-mandates/
[13] https://www.dailycamera.com/2021/09/02/boulder-county-public-health-set-to-reinstate-indoor-mask-mandate/
[14] https://www.denverpost.com/2021/12/02/omicron-variant-colorado/
[15] Id.
[16] https://www.denverpost.com/2021/11/23/denver-mask-mandate/
[17] Id.