‘The pandemic is over,’ Franklin commissioner tells WA when questioned about no masks

Commissioner Clint Didier declared that the “pandemic is over” when Franklin County faced questions from Washington state over mask enforcement complaints.

The Department of Labor and Industries asked for a response from the county on more than a dozen complaints about Didier not wearing a mask at meetings following a Aug. 23 mandate.

While the county initially didn’t respond, the state says those meetings potentially put employees attending them at risk, and they are covered by the state’s worker’s compensation insurance.

When asked what his response was to the state, Didier and Commissioner Rocky Mullen supported saying they are a “free county” where “individual liberty reigns.”

“The response would be that, in my opinion, the pandemic is over,” Didier said as he led Tuesday’s meeting without a mask. “When we got stores that aren’t even enforcing it .... even our President was caught indoors yesterday without a mask on. What more do I have to say than that.”

Mullen added that he believed the county made all of the necessary postings.

Neither of the commissioners wore a mask at Tuesday’s public meeting.

While Commissioner Brad Peck pushed Tuesday for a response back to the state, he did not express an opinion on it. He has previously supported following the mandate, because it’s the law.

While new COVID-19 infection rates have been on the decline in Benton and Franklin counties, the state doesn’t have any immediate plans to lift the mask requirement, said Mike Faulk with the governor’s office.

“Cases and hospitalizations remain high, and we are still learning more about the implications of the omicron variant on our pandemic response,” he said.

The county sent a response saying that while they have signs and space between chairs, they don’t strictly enforce the mask requirement.

According to the letter sent to the state, the position of two commissioners is that the mandate is unconstitutional and unreasonably interferes with “citizen’s rights to demonstrate and address their elected officials.”

The governor’s office disagrees with that stance, noting that courts have upheld the mandates.

“It is well-trod territory that the mask requirement is supported by the law and the Constitution,” Faulk said. “More than 40 challenges have been filed in court against the governor’s use of his emergency powers, and none of them have been successful. That’s because these laws are being applied appropriately to protect the public and save lives.”

A state Department of Labor and Industries official could attend a Franklin County Commission meeting in person sometime in the next six months, said Dina Lorraine with L&I. And the county could be fined.

The agency has issued fines previously when companies have violated COVID-19 safety rules. Evans Fruit Co. in the Yakima area was fined more than $150,000 after not following masking and social distancing rules in October 2020.

The fine came after the third time the company was cited for not following the rules. Previously, the company was fined $6,600.

Didier has said he would pay any fines issued to him.

Didier’s protest and complaints

Didier, who is currently the chair of the three-member board, has been protesting the requirement since it was brought back with the rise of the delta variant of COVID-19.

He has said he has a medical condition that prevents him from wearing one but also has refused to join public meetings remotely.

He has compared himself to Rosa Parks.

However, when the mask mandate was in place previously, Didier wore a bandana around his face and also logged in remotely for public sessions.

The protest generated 15 complaints aimed at Franklin County by mid-October. A third came after an initial contentious commissioner meeting on Aug. 24, and 11 people mentioned Didier by name.

The complaints to the state were all filed anonymously through the state’s system to report businesses violating COVID-19 orders. The violations are collected and sent to L&I to be investigated.

Along with the commissioner’s office, the auditor’s and treasurer’s offices were named in complaints. Both responded by saying that they enforce the mask requirement, maintain social distancing and have signs posted.

Franklin County response

The county sent its two-page response back to the department on Wednesday. The response written by Keith Johnson said the county has “reasonably maintained an adequately safe working enforcement for our employees and adequately protected the public from harm as well.”

The commissioners voted 2-1 not to enforce the masking mandate inside the commissioner chambers.

“We do place a notice at the entrance to the meeting room that acknowledges the requirement for masking for all persons attending,” the letter said. “I should note for the record that all county employees and one commissioner routinely wear masks while in the meeting room.”

They do provide 6 feet of space between chairs in the meeting room and during special meetings at the HAPO Center.

Johnson also noted that all commission meetings are streamed through YouTube and on the county’s website. People can call in to provide public comments during the meeting.

While it’s preferred to have staff members in the meeting room, they aren’t required to. The only people who need to be there are Johnson and the clerk of the board.

“The position of the board of commissioners is the citizens should have unfettered access to their elected officials without invasive questioning regarding vaccination status nor be compelled to wear a mask during meetings of the board,” Johnson wrote.

In addition, the Sheriff Jim Raymond said he wouldn’t remove people from the chamber for not wearing masks.