Masking bylaw moves ahead as Mackie faces council questions

A London city bylaw, mandating the use of face masks in public indoor spaces to curb the spread of COVID-19, moved one step closer to becoming a reality Monday as a council committee voted 13-1 tosupport the move recommended by the area's chief medical officer of health, Dr. Chris Mackie.

The vote came after a special council committee of the whole meeting during which Mackie made his case for the bylaw while answering councillors' questions about his approach to masking so far.

Mackie walked councilthrough the latest data about the effectiveness of the different regulatory mechanisms that can mandate masking everything from a bylaw to an order issued by public health units.

On Friday, Mackie issued an instruction requiring the use of masks inside businesses. Earlier this month he ordered that masks be mandatory aboard taxis and transit and in personal care businesses, such as nail salons. Officially, he's been "strongly recommending" mask use since mid-June.

The complexity and confusion about the different rules and orders came up repeatedly Monday as councillors twice had to duck into in-camera sessions to go over the legal issues with the city solicitor over the course of the five-hour meeting.

London's count for confirmed COVID-19 cases remains low and now most businesses are allowed to serve customers inside under Stage 3 of the province's re-opening plan, which took effect Saturday.

A few of the councillors' questions focused on the pros and cons of each regulatory approach.

Coun. Steve Lehman asked Mackie why he was recommending a bylaw now, when he could have issued an order that would apply to all nine municipalities in Middlesex County, not just London.

Mackie said it was important to have the bylaw's authority come from elected leaders at the municipal level.

"What we need to do between now and a second wave [of COVID-19] is make wearing a mask normal so we have that next level of protection," said Mackie.

"Your leadership on this would help," he told councillors."You're respected and chosen by the community to lead."

The bylaw will follow an enforcement model that puts the priority on education over punishment, though a minimum $500 fine is proposed. City bylaw officers will handle enforcement. The bylaw would remainin effect until Dec. 31,unless it's revoked earlier. Staff will update council on the bylaw every two months.

City staff said they won't be able to respond to every complaint about non-compliance but will instead focus on "hot spots" of complaints.

Some councillors took part in the meeting via video chat but those in council chambers, including Mackie and Mayor Ed Holder, all wore face masks during the meeting.

And while Mackie pointed to growing evidence about the effectiveness of masking in slowingCOVID-19 transmission, he said keeping two meters apart and frequent hand washing remain the best tools to limit transmission.

Coun. Phil Squire said hedidn't feel a bylaw was needed andthat the masking decision should have been Mackie's to make, not council's. Squire asked if Mackie's call for a bylaw had more to do with politics than health policy, but Mackie said gathering input from politicians is an important part of his job.

"This decision is made on local data and research,"said Mackie. "If this was being done for political means I would have done it many weeks ago. I welcome input from elected officials and others."

Another question Mackie fielded: Should students return to school in the fall?

"I think school opening in the fall is the right thing to do butthere's a lot of work to do to make it as safe as possible," he said.

Coun. Michael Van Holst cast the lone vote opposing the masking bylaw.

With the masking bylaw now through committee, it still requires full ratification by council Tuesday.

It's expected that other municipalities in Middlesex County will look to London's bylaw as a template and hold their own votes about implementing it in the coming weeks.