CLAYTON — The St. Louis County Council moved to end the county’s new mask mandate Tuesday, throwing the order into legal limbo.
After hearing dozens of people rail against the mandate and County Executive Sam Page, council members voted 5-2 to end the order and rebuke Page for failing to consult them before issuing it, which they say was required under a new state law.
“Too many American men and women have given the last full measure of devotion for us to be cavalier with the very liberty they fought and died to provide,†said Councilman Ernie Trakas, R-6th District. “I will not abide any measures that seek to compromise or erode our liberty and freedom.â€
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Trakas was joined by council members Tim Fitch, R-3rd District, Mark Harder, R-7th District, Rita Heard Days, D-1st District, and Shalonda Webb, D-4th District. Councilwomen Kelli Dunaway, D-2nd District, and Lisa Clancy, D-5th District, dissented.
Page dismissed the vote as meaningless and continued to tout the mandate’s benefits in remarks after the vote.
“We as elected officials cannot stand by and let the delta variant rack up more and more victims each and every day,†he said. “Masks will help slow the spread of the virus while we continue to vaccinate as many people as we can.â€
Whether those masks will be mandatory is likely now a question for the courts. Missouri Attorney General Eric Schmitt, a Republican, has filed suit challenging the order. In the meantime, county residents will have to choose which of their leaders they want to believe as the highly infectious delta variant continues to spread.
Months of fighting over the Page administration’s power to issue orders appeared to be over in May. Virus caseloads reached comfortable lows and leaders across the country ended nearly all restrictions on public life. Republicans in Jefferson City also enacted a new law designed to rein in Page by requiring health officials to consult with legislative bodies before taking any action and giving those bodies veto power over some orders.
But the rise of the highly infectious delta variant, which has spent the last month driving up hospitalizations in southwest Missouri, prompted a return to executive action — and council resistance.
In testimony before the council Tuesday night, acting health director Faisal Khan said the variant has already begun creeping toward the St. Louis region and would eventually overwhelm its hospitals without help from masking and improvement in the area’s low vaccination rates.
“If the council, in its infinite wisdom, negates this order, there will be more misery,†he said. “There will be more infection. There will be more death.â€
He also pleaded with council members to set aside concerns about legal issues and listen to public health officials.
Most were not interested.
Trakas asked Khan repeatedly whether the mandate would regulate access to business — and thus trigger the new state law allowing the council to strike it down.
Khan said he would expect businesses to enforce the order, but declined to comment further.
Days, the council chair, echoed some of the frustration voiced by members of the audience, asking Khan why the county found itself again in “a predicament.â€
“You asked us to stay home. You asked us to put on masks. You asked us to stay six feet apart. Then those (restrictions) were relaxed. We have done everything you have asked us to do. And we have played by the rules. We have followed your orders. And yet we are still in a predicament. So, something is not working. … I want to know, what did we not do correctly?â€
Khan responded: “We didn’t talk to the virus about how it should behave.â€
Like Days, county resident after county resident expressed frustration during two hours of boisterous public comment.
Hans Fiene, of Ballwin, said requiring masks for everyone again would undercut messaging on the need to get vaccinated.
“The best thing to do is allow people to make up their own minds,†he said.
Matt Doebler, also of Ballwin, said the council needed to trust people to make their own decisions.
“It’s time to end rule by mandate,†he said.
A small number of people took the other side, including Alonzo Adams Jr., a pastor from Ferguson.
“We don’t have to fight this mandate,†he said. “Let them do what they can to help people.â€
But of more than 40 people addressed the council Tuesday night, nearly all of them opposed the mask mandate. And after the vote to rescind it, the room erupted in cheers.
Upstairs in his office afterward, Page cast the crowd as part of a vocal minority and predicted most people would continue to follow his administration’s lead.
He also noted that new federal guidance calls for universal masking in high-risk areas like Missouri and that Kansas City Mayor Quinton Lucas announced his own order Tuesday night, so St. Louis and St. Louis County are not alone.
“Some people will not follow it,†he said, “but I expect we’ll see compliance similar to what we saw before. Over a period of days or a few weeks, most people will ultimately start wearing masks again.â€
Downstairs in the council chambers, Fitch, who sponsored the resolution to terminate the order, chuckled.
“State law gives us the authority to do what we did tonight, and the mask mandate has ended,†he said.
He said he would be happy to consider another order if Page and Khan brought it to the council first, though.
“We’re all ears,†he said.
The county issued its mask order at the same time as the city of St. Louis. Alderman John Collins-Muhammad, who attended the council meeting, said the Board of Aldermen “needs to do the same thing†as the council. “It violates state law and allows federal funds to be spent circumventing the legislative process,†he said via Twitter.
The County Council rejected the County Executive’s public health order. I believe the County made the right decision. The Board of Aldermen needs to do the same thing. It violates state law & allows federal funds to be spent circumventing the legislative process.
— John Collins-Muhammad Jr. (@JohnMuhammadJr)
The Board of Aldermen is currently on summer recess and not scheduled to meet again until September.
Updated at 11:45 p.m. Tuesday, July 27
He said he gave the middle finger after racist provocations from Republican politicians and a boisterous audience pushed him to his limit.
Attorney General Eric Schmitt filed Wednesday for a temporary restraining order against the county mandate.Â
Photos: Passions high as St. Louis County Council votes to repeal mask mandate
St. Louis County Council 5-2 vote repeals mask mandate

Members of the audience celebrate the St. Louis County Council 5-2 vote to repeal the mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
St. Louis County Council 5-2 vote repeals mask mandate

St. Louis County Executive Sam Page listens to St. Louis County Council members cast their votes to repeal the mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. (Laurie Skrivan, lskrivan@post-dispatch.com)
Dr. Faisal Khan, the director of the Department of Public Health, answers questions

Dr. Faisal Khan, the director of the Department of Public Health, answers questions posed by council members regarding the St. Louis County mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Patricia and Mark McCloskey sit in front row

Patricia and Mark McCloskey sit in the front row and react as Councilman Tim Fitch, R-3rd District, poses questions to Dr. Faisal Khan,, the director of the Department of Public Health, regarding the St. Louis County mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. McCloskey, who is running for U.S. Senate, gained notoriety with his wife, Patricia, for brandishing firearms at protesters, also in 2020. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
County Council Chairwoman Rita Days calls for quiet

St. Louis County Council Chairwoman Rita Days for order as the crowd reacts while Councilman Tim Fitch, R-3rd District, poses questions to Dr. Faisal Khan, the director of the Department of Public Health, regarding the St. Louis County mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Amanda Garavaglia speaks out against the St. Louis County mask mandate

"What good did this do?" said Amanda Garavaglia, who tears up her vaccination card as she speaks out against the St. Louis County mask mandate during the public comment portion during a St. Louis County Council on Tuesday, July 27, 2021, in Clayton. Garavaglia's grandfather died from COVID-19 on May 3. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Amanda Garavaglia speaks out against the St. Louis County mask mandate

Amanda Garavaglia comforts her daughter Sophia, 9, after reading Sophia's letter that she wrote sharing she cannot breathe through her mask during school during the public comment portion of a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
St. Louis County Council 5-2 vote repeals mask mandate

Connie Eakins, left, and her daughter Shannon Cox celebrate the St. Louis County Council 5-2 vote to repeal the mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Cox, who registered to speak at multiple meetings, is among the speakers whose ZIP codes on sign up sheets include the Ballwin and Wildwood areas. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
More than 150 protest St. Louis County mask mandate

More than 150 residents gather to protest the St. Louis County mask mandate before the start of a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
St. Louis County Executive Sam Page listens to Angelina Isaac criticize the mask mandate

St. Louis County Executive Sam Page listens to Angie Isaac criticize the mask mandate during public comments during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Isaac, who spoke at multiple meetings, is among the speakers whose ZIP codes on sign up sheets include the Wildwood and Ballwin areas. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Salon owner speaks out against mask mandate

"I go to bed everyone night crying, worrying about my 42 employees and their families," said Dawn Broderick, who owns two hair salons, speaking out against the St. Louis County mask mandate during the public comment portion during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. "Mandates don't work, they are dividing us. It started with the essential workers. I am essential, I am human," said Broderick. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Eyes roll as Dr. Faisal Khan, the director of the Department of Public Health, answers questions

Shannon Cox, right, rolls her eyes while Dr. Faisal Khan, the director of the Department of Public Health, answers questions posed by council members regarding the St. Louis County mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Cox, who registered to speak at multiple meetings, is among the speakers whose ZIP codes on sign up sheets include the Ballwin and Wildwood areas. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
We will not comply

A capacity crowd, largely opposed to the St. Louis County mask mandate, attend a St. Louis County Council meeting to voice their opposition on Tuesday, July 27, 2021, in Clayton. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
St. Louis County Council 5-2 vote repeals mask mandate

Connie Eakins, center, and her daughter Shannon Cox celebrate the St. Louis County Council 5-2 vote to repeal the mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Dr. Faisal Khan, the director of the Department of Public Health, answers questions

Faisal Khan, the director of the St. Louis County Department of Public Health, answers questions posed by council members regarding the St. Louis County mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. (Laurie Skrivan, lskrivan@post-dispatch.com)
Councilwoman Shalonda Webb, D-4th District votes to repeal mask mandate

Councilwoman Shalonda Webb, D-4th District, casts her vote to repeal the mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. Photo by Laurie Skrivan, lskrivan@post-dispatch.com
Councilman Ernie Trakas, R-6th District, cast vote to repeal mask mandate

Councilman Ernie Trakas, R-6th District, casts his vote to repeal the mask mandate during a St. Louis County Council meeting on Tuesday, July 27, 2021, in Clayton. "Too many American men and women have given the last full measure of devotion for us to be cavalier with the very liberty they fought and died to provide," said Trakas. "I will not abide any measures that seek to compromise or erode our liberty and freedom."