Idaho Dispatch

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Rexburg to Vote on Mask Mandate and Fine Businesses for Lack of Enforcement

By • November 18, 2020

Update (9:06 a.m. MST): Representative-Elect Ron Nate has released the following statement regarding the mask mandate proposal in Rexburg:

Remember, it’s in times of crisis when we risk losing our liberty most. It’s upsetting how these well-meaning leaders want to expand government and restrict the people. Our health and safety is our responsibility; not the Mayor’s and not the City Council’s. People should do what they think is best for them and their families and resist tyranny—even if the tyranny comes from a place of ‘caring.’

I’m surprised how those who run for office often preach how they know and love the Constitution, but then when faced with an important issue like this one, so quickly abandon Constitutional principles or demonstrate how they never understood the Constitution to begin with.

(Original Story Below)

Governor Little recently said half of Idaho was under a mask mandate.

A number of cities, counties, and Health Districts have also refused to implement a mask mandate. To date, Governor Little has also refused to implement a state-wide mask mandate.

Despite a statewide order not being in place, some cities are still pushing their own health orders which contain mask mandates and other requirements

Rexburg will vote later this evening on a mask mandate and a health ordinance that would fine businesses that do not enforce it.

Tonight at 6:30 p.m. at the Rexburg City Hall, the city council will vote on Ordinance Number 1243.

Citizens can watch the meeting virtually. A link to the Rexburg City Council site can be found here.

For citizens wishing to voice their opposition or support of Ordinance 1243, you can email the city council at or call city hall at 208-359-3020.

A protest is expected at City Hall by a group called “Defending Idaho” at 5:30 p.m. just prior to the city council meeting.

Idaho Dispatch has obtained a draft of the ordinance that will be voted on later this evening.

Under the proposal, businesses will be forced to post the health order for all customers to see.

Businesses will not only be required to post the ordinance but are expected to enforce it as well. Failure to do so could result in a fine for the business.

Here are the penalties laid out in the ordinance for businesses who fail to comply with the ordinance:

While the first two violations are an “infraction” for the owner or manager of the business, the third violation is a potential misdemeanor which could land them in jail. After the third violation, a business would also be forced to close until they comply with the order.

The city says they understand that the business owner may deal with aggressive customers who refuse to comply but the ordinance still requires businesses to make a “reasonable effort” to get customers to follow the ordinance. It is unclear what level of “effort” a business would be required to use before they face punishment.

Here is the section of Ordinance 1243 requiring a “Duty to Enforce” by Rexburg businesses:

The city says they recognize the business’s constitutional right to “private property.” Conflicts have been seen throughout the country when businesses have dealt with customers who become irate when asked to wear a mask.

Ordinance 1243 says business owners can deal with those customers as they deem “appropriate.”

Here is the remainder of Section 3A:

Do you believe the city should pass Ordinance 1243, vote it down, or come up with a different proposal?

Let us know in the comment section below!

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Tags: Defending Idaho, Ordinance 1243, Rexburg, Rexburg City Council, Ron Nate

14 thoughts on “Rexburg to Vote on Mask Mandate and Fine Businesses for Lack of Enforcement

  1. The government should not be forcing businesses to take on the role of a medical professional. It is illegal and unconstitutional. It is a sham.

  2. I can’t believe we are debating on whether or not to allow citizens to breathe freely, and then compelling members of the business community to enforce these unscientific mandates!

  3. Absolutely they should NOT pass this ordinance. These mandates are unconstitutional and unfounded by science. They place the business owners in a very difficult position of trying to force something on other people that should be outside of their scope as business owners. They can’t control other people and they shouldn’t be put in that position to enforce something so unscientific and potentially harmful for their customers. These mandates are unconstitutional and unfounded by science. They place the business owners in a very difficult position of trying to force something on their customers that is outside of their scope as business owners. They can’t control other people and they shouldn’t be put in that position to enforce something so unscientific and potentially harmful for their customers.

  4. Definitely! It’s a health safety measure during a pandemic. Nobody’s going to require masks after Covid-19 is finished. So this isn’t over reach that will be there after the pandemic is finished. They didask mandates during the influenza pandemic and stopped after the risks went down. This ability to instigate emergency health measures is already established by law and upheld by the Supreme Court since 1917 for time such as this. Local leaders are creating an emergency measure in order to help stop the citizens from catching and giving an infectious aerosol-spread virus. Our community is at “extreme high risk” and if local authorities did not take action—they would be negligent. Lives can be spared by requiring masks then by all means, businesses should require masks. Our community should have been doing this for months, but have refused so local authorities need to step in for the good of all over the desire of the individual. I’m barely recovering from Covid after 15 days of being very sick in bed. My husband is still on oxygen. We are in our forties. If I could save one of you by wearing a mask, I would wear it for a year. You are important to me and this was really awful! Mask up!

    1. My best wishes to you and your husband!
      Were you wearing a mask before you caught COVID?
      Most of the deaths from the Spanish flu were caused by bacterial pneumonia in people wearing masks. I believe Fauci did a report on that.
      Decades of peer reviewed studies show masks don’t work on colds and flus.
      Mask makers all state they are not effective against virus’.
      CDC has no evidence this is a new virus, no one has tried to isolate it.
      Our Governor little suppressed the use of HCQ, days after declaring the emergency. Before it was controversial. WHY???
      They never talk about how to boost the immune system… WHY???
      This is not about masks. They don’t care about our health. You have been lied to. This is about corruption and CONTROL. Good luck to you.

  5. Definetly not!!!! If masks work, which on the box it says the masks don’t prevent viruses, then the people who choose to wear a mask can wear a mask, oh and be sure to wear it correctly over nose and mouth. Businesses should be able to serve their customers and respect their freedom. Government should allow people to govern themselves!

  6. Most Definitely NOT! When did the United States of America and Idaho become a communist country? Masks haven’t been worn with the flu or other illnesses unless the person has felt the need to wear it.
    There are a lot of people that can’t breathe with a mask or covering over their mouth and nose.

  7. People have been driven by hysteria on this plandemic. They are getting sick from wiping everything down and wearing masks, suppressing their immune system. Officials need to stop driving the fear and start talking to people about how to build their immune system.
    But, they don’t!
    Didn’t our Legislature pass a Liability bill, specifically to protect business’ and people from being compelled to jackboot for corrupt government officials???
    The Senate wouldn’t vote to end this plandemic, because they wanted the CARES Act money??? And little Gov suppressed the use of HCQ days after declaring his “emergency”???
    Obviously, this has NOTHING to do with our health! It’s about corruption and CONTROL!
    Anyone who still believes this hysteria virus crap is denying science and watching TOO MUCH MSNBC and CNN… Wake up!

  8. Our government needs to remember who they work for and that an illness is not justification to take away our freedoms. I’m not a health expert by all means but I didn’t spend 13 years fighting for our freedom to have it stepped away by tyrannical government. Leave these decisions to the people where they belong!

  9. I want to know why a few weeks ago the police department under the direction of the mayor posted a blue police automated sign that was set up on the road into the city across from the golf course that said mask wearing in public is mandatory and it’s the “LAW” it keeps flashing the word LAW. I called the police to find out about this new law.. and they said the Mayor directed them to do so but it’s not a law and they are not enforcing it. That is fear mongering and deceiving as that is not the law. Why would you do that?? That is dishonest and the police followed the order knowing it was not true!!! Why did u do that?

  10. Maybe as a solution instead of closing down businesses that are mask free they should put up signs that say they are mask free. Kind of like this:(This is a mask free environment, customers are allowed to wear masks when they feel so. Since this is a mask free space we warn those who may feel ill of this rule this is not the place to be.) People should have the right to choose to do this, this isn’t China, it’s America please make the right choices and God bless.

  11. I think I a mask free sign s a good idea. Let people know and let them chose to enter or not. You are over stepping big time.

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