Council approves mask mandate in Sioux Falls, effective Saturday

Trevor J. Mitchell
Sioux Falls Argus Leader
Mayor Paul TenHaken listens to public input on the first reading of a possible mask mandate at a city council meeting on Tuesday, November 3, at Carnegie Town Hall in Sioux Falls.

Correction: A previous version of this story misstated when the mandate would go into effect. It takes effect Saturday.

Upon reconsideration — and a removal of any penalty for violation — the Sioux Falls City Council voted 6-2 to approve an ordinance mandating masks inside businesses and city facilities.

The motion to reconsider the vote occurred a week after Mayor Paul TenHaken voted the mandate down, breaking a 4-4 tie after hours of discussion from the public and councilors.

The mandate, which takes effect on Saturday, Nov. 21, following its publication in the Argus Leader, requires the wearing of a face covering inside "indoor retail businesses" and city-owned facilities where social distancing of six feet cannot be achieved.

There will be no penalty for violating the ordinance, a change from the $50 fee recommended for violation in Councilor Curt Soehl's original proposal.

That change was cited by TenHaken in a press conference on Tuesday morning as one of the reasons he was supporting the mask mandate, alongside the fact that several healthcare organizations in the state had begun to request it.

The public spoke on the item for nearly three hours before councilors even began discussions, with several of them angrily citing that they'd moved here from other states in order to escape mandates like this.

Councilors Marshall Selberg and Alex Jensen were the votes that flipped from a week ago, with both citing recent pushes from health care organizations as a turning point.

Selberg also said his concerns about enforcement had been lessened with the lack of a penalty in the ordinance.

"Let's pray it prevents us from having to contemplate more drastic measures if it gets completely out of control," Selberg said.

Councilors Greg Neitzert and Christine Erickson were the votes against, and while Erickson simply made her vote, Neitzert spoke at length about his concerns.

"It's not a mandate, it's a suggestion," he said, saying that no one in the room got what they wanted, whether they were for or against the mandate.

Neitzert said he thought the measure was simply an effort to make it look like the council was helping, even if they weren't.

"We're just going to do it because basically we've been emotionally blackmailed into 'you've got to do something,'" Neitzert said.

More: Harrisburg school board passes mask mandate as COVID-19 cases climb

The ordinance will also sunset on Jan. 1, 2021 unless otherwise extended by another ordinance.

The mask mandate has several exemptions, including:

  • An individual under the age of five years old
  • An individual seated at a public place to eat or drink, or while immediately consuming food or beverages
  • An individual who is receiving dental or medical care that prevents them from wearing a face covering
  • An individual with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering
  • Individuals who are engaged in swimming or a team sports activity where the level of exertion makes it difficult to wear a face covering
  • Public safety workers actively engaged in a public safety role. including but not limited to law enforcement personnel, fire fighters, or emergency medical personnel, in situations where wearing a face covering would seriously interfere in the performance of the individual's public safety responsibilities
  • Any member of a group of persons who are in an indoor retail business together and live in the same household or are a party of ten or less, so long as the group maintains a continuous physical distance of at least six feet from all other persons not part of the household or party

TenHaken rejects no lingering ordinance

Councilors Janet Brekke and Pat Starr, who last week said they would be proposing bringing back the "no lingering" ordinance from May, saw it defeated on first reading after TenHaken broke a 4-4 tie, saying he "doesn't want this hanging over the business community right now."

The council did, however, pass a resolution outlining the "expectations for the people of Sioux Falls," including wearing masks and practicing good hygiene.

Additionally, TenHaken cited other measures he felt were crucial to address as well, including companies moving to remote work if possible, and asking individuals to regularly monitor both their physical and emotional health.

The resolution also encourages people to shop at businesses that have taken the "Safer Sioux Falls" pledge. 

It passed 6-2, with Neitzert and Erickson voting against it, after casting the only two votes for an amendment that would change language in the resolution from "shall wear a mask" to "should wear a mask."

Correction: A previous version of this story misstated when the mandate would go into effect.