Details of proposed Asheville, Buncombe County mask mandate

ASHEVILLE - A proposed local mask mandate facing an Aug. 18 vote would put new health restrictions on people visiting businesses and other publicly accessible facilities across Buncombe County — but it also has several exemptions.

Those include funerals, children under 5 and two of the county's towns.

County Board of Commissioners Chair Brownie Newman said last week he expected a majority of the board to pass the mandate, but details were not yet out on what exactly the rules would be.

A copy of the proposed declaration of emergency with the mandate was in the Aug. 17 commissioners' meeting agenda. That meeting was canceled due to concerns about flooding and other severe weather. Commissioners have called a noon Aug. 18 emergency meeting where they say they will deal with a few issues such as the declaration.

As justification for the mandate, the declaration notes there are currently 261 COVID-19 cases per 100,000. That is up from 151 cases two weeks before "and a six-fold increase from one month prior."

There are 89 cases being reported each day, up from 50 two weeks ago.

"The CDC recommends that in areas of substantial or high transmission that people wear masks indoors in public to maximize protection from the delta variant and prevent possibly spreading it to others," the declaration says.

Mask rules have generated heated public debate with anti-mask protesters attempting to "overthrow" the Buncombe County Board of Education and residents sending messages to local elected officials in support of masking. 

Who would have to wear masks and where:

Mask rules would apply in unincorporated parts of the county, as well as Asheville, Weaverville, Woodfin and Montreat. 

Newman had originally said Asheville would likely follow the county's lead, but since then the mayors of multiple towns gave their consent to become part of the mandate, the declaration said. 

Biltmore Forest town leaders did not respond to messages the evening of Aug. 17.Black Mountain Mayor Larry Harris said he preferred "to ask all our visitors and residents to use face coverings if not vaccinated," rather than require it. Harris said the Town Council had a right to request an emergency meeting to override him.

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Those required to comply to the mask rules would be "citizens, residents and visitors" of the county and towns. The rules would apply to any indoor spaces inside businesses or other public places.

Everyone 5 years or older would be required to wear face coverings.

Patrons of restaurants, bars and food establishments (including dining halls, food courts and food kiosks) would have to wear face coverings unless actively eating or drinking. That would include while at a table.

Exemptions

• Masks would not have to be worn indoors when only members of the same household are present in a space.
• Masks would not have to be worn in the home.
• Face coverings would not be required in outdoor settings where social distancing can be done.
• The mandate would not apply to someone alone in an office or "other similar work environment." 
• Children under the age of 5 would be exempt, though masks are recommended for everyone over 2 years of age.
• Also exempt would be those who have medical or developmental conditions that  prohibit mask wearing.
• Churches and other religious gatherings, as well as attendees of funerals and weddings would not have to wear masks, though they would be recommended.
• Also exempt would be "other activities constituting the exercise of First Amendment rights."

The mask mandate would stand until Sept. 30, unless it is repealed — or extended — "based on data trends."

Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Please help support this type of journalism with a subscription to the Citizen Times.