Here is our argument against the mandate. Below it is Provo City's. Although it may not be inclusive of every reason that each person voting on it doesn't want a mandate, and may include things that you don't agree with, please still sign the referendum for your personal reasons.
Statement AGAINST Provo City Council’s Covid-19 Response Ordinance
The Provo City Council voted to pass an ordinance requiring all individuals living, working, or
visiting Provo to wear face coverings in various indoor and outdoor settings, with fines given to
organizations and individuals who violate the mandate.
CONSTITUTIONALITY
It is unconstitutional for the government to mandate medical treatment of any kind, under any
circumstances on any individual or their dependents, even if there is legislation that claims to
have created this power.
In Butler County v. Wolf (3) (2020 US Federal Court) ruled similar Pennsylvania’s COVID
19 mandates unconstitutional. Violating the First Amendment and due process clause of
the 14th amendment. Judge William Stickman IV held:
“Even in an emergency, the authority of government is not unfettered. The liberties protected by
the Constitution are not fair-weather freedoms — in place when times are good but able to be
cast aside in times of trouble. There is no question that this country has faced, and will face,
emergencies of every sort. But the solution to a national crisis can never be permitted to
supersede the commitment to individual liberty that stands as the foundation of the American
experiment. The Constitution cannot accept the concept of a ‘new normal’ where the basic
liberties of the people can be subordinated to open-ended emergency mitigation measures.
Rather, the Constitution sets certain lines that may not be crossed, even in an emergency.”
LACK OF SCIENTIFIC CONCENSUS
Contrary to the Provo City Council’s claims, there is far from a scientific consensus among
healthcare professionals about the efficacy and necessity of face covering to protect against
Covid-19. For every expert the Provo City Council cites, there are recognized experts that
provide adequate evidence to support the opposite of the City Council’s claims.
MEDICAL FREEDOM
Such a sacred responsibility as our family’s healthcare decisions is between us and the medical
professionals we choose, not the government.
LACK OF COMMUNITY SUPPORT FOR A MANDATE
According to Mayor Kaufusi, not a single major community partner in Utah Valley asked for a
mask mandate. In fact, many of them asked her NOT to issue a mandate.
The Provo City Council’s claim that the majority of the thousands of Provoan respondents of an
online survey favored a mandate is unsubstantiated. The Council failed to mention that only
4,300 (out of a population of over 100,000) responded and that many of the respondents were
non-Provo residents. This brief and poorly conducted survey does not constitute a reliable tool
to gauge the level of community support for a mandate.
ENFORCEMENT
The Chief of Police publicly stated he prefers no mandate. Forced compliance through civil
penalties is unrealistic and is a waste of law enforcement’s time.
FLATTEN THE CURVE
The only explicit intension of the Covid-19 response measures was to prevent hospital capacity
overload. And we’ve achieved that. We’ve flattened the curve. Despite reports of increasing
“case numbers”, testing positive for Covid-19 does not significantly correlate with increased
hospitalization or death rates.
STATEMENT FOR PROVO’S COVID-19 RESPONSE ORDINANCE
The Provo City Council, proactively adopted an ordinance requiring all individuals living or working within or visiting Provo, Utah, to wear face coverings while (1) in indoor areas accessible to the public, including without limitation businesses and City buildings, where social distancing is not possible, reasonable, or prudent, (2) in attendance at large outdoor gatherings where social distancing is not possible, reasonable, or prudent, and (3) in attendance at large indoor gatherings. The ordinance has a built-in sunset clause, making it a temporary measure, and several exemptions for individuals who cannot or should not wear a mask.
We took this action to:
Protect the health of all residents, especially vulnerable populations
Enable businesses to stay open and continuing to employ people
Enable schools to keep operating in-person so that classroom learning continues
The City Council, unanimously, acted out of an abundance of caution and concern about rising rates of coronavirus in Utah County generally, and Provo specifically, and in anticipation of tens of thousands university students returning to the community and the return to class of many thousands of public school students and teachers. The decision came after we considered:
the consensus of qualified experts, specialists, and health officials who are working hard in difficult situations to provide the best data and guidance; and
input from thousands of Provoans who responded to an online survey or sent emails; a significant majority of whom favored a city-wide mask requirement.
Data and research accumulated and analyzed by recognized healthcare professionals, their associations, and organizations across the country, indicate that the wearing of masks helps stop the spread of COVID-19 and reduces the severity of illness if a person is wearing a mask when they contract the illness. We learned that we could have had lower transmission with less economic damage by embracing masking and social distancing guidelines earlier. The Council determined that the best option, under these unique circumstances, was not to wait for things to get worse, but to use a short-term measure to protect citizens and preserve the economy.
We support individual freedoms and we support the idea that with freedom comes responsibilities. Provo’s COVID-19 mask ordinance is lawful and constitutional. The Courts have long sustained the ability and authority of federal, state, and local governments to respond to public health and other
community safety needs. The City Council acted on its right and legal obligation to protect and provide for the safety, and to preserve the health of the city and its inhabitants.
Please vote for the COVID-19 Response ordinance.
Statement AGAINST Provo City Council’s Covid-19 Response Ordinance
The Provo City Council voted to pass an ordinance requiring all individuals living, working, or
visiting Provo to wear face coverings in various indoor and outdoor settings, with fines given to
organizations and individuals who violate the mandate.
CONSTITUTIONALITY
It is unconstitutional for the government to mandate medical treatment of any kind, under any
circumstances on any individual or their dependents, even if there is legislation that claims to
have created this power.
In Butler County v. Wolf (3) (2020 US Federal Court) ruled similar Pennsylvania’s COVID
19 mandates unconstitutional. Violating the First Amendment and due process clause of
the 14th amendment. Judge William Stickman IV held:
“Even in an emergency, the authority of government is not unfettered. The liberties protected by
the Constitution are not fair-weather freedoms — in place when times are good but able to be
cast aside in times of trouble. There is no question that this country has faced, and will face,
emergencies of every sort. But the solution to a national crisis can never be permitted to
supersede the commitment to individual liberty that stands as the foundation of the American
experiment. The Constitution cannot accept the concept of a ‘new normal’ where the basic
liberties of the people can be subordinated to open-ended emergency mitigation measures.
Rather, the Constitution sets certain lines that may not be crossed, even in an emergency.”
LACK OF SCIENTIFIC CONCENSUS
Contrary to the Provo City Council’s claims, there is far from a scientific consensus among
healthcare professionals about the efficacy and necessity of face covering to protect against
Covid-19. For every expert the Provo City Council cites, there are recognized experts that
provide adequate evidence to support the opposite of the City Council’s claims.
MEDICAL FREEDOM
Such a sacred responsibility as our family’s healthcare decisions is between us and the medical
professionals we choose, not the government.
LACK OF COMMUNITY SUPPORT FOR A MANDATE
According to Mayor Kaufusi, not a single major community partner in Utah Valley asked for a
mask mandate. In fact, many of them asked her NOT to issue a mandate.
The Provo City Council’s claim that the majority of the thousands of Provoan respondents of an
online survey favored a mandate is unsubstantiated. The Council failed to mention that only
4,300 (out of a population of over 100,000) responded and that many of the respondents were
non-Provo residents. This brief and poorly conducted survey does not constitute a reliable tool
to gauge the level of community support for a mandate.
ENFORCEMENT
The Chief of Police publicly stated he prefers no mandate. Forced compliance through civil
penalties is unrealistic and is a waste of law enforcement’s time.
FLATTEN THE CURVE
The only explicit intension of the Covid-19 response measures was to prevent hospital capacity
overload. And we’ve achieved that. We’ve flattened the curve. Despite reports of increasing
“case numbers”, testing positive for Covid-19 does not significantly correlate with increased
hospitalization or death rates.
STATEMENT FOR PROVO’S COVID-19 RESPONSE ORDINANCE
The Provo City Council, proactively adopted an ordinance requiring all individuals living or working within or visiting Provo, Utah, to wear face coverings while (1) in indoor areas accessible to the public, including without limitation businesses and City buildings, where social distancing is not possible, reasonable, or prudent, (2) in attendance at large outdoor gatherings where social distancing is not possible, reasonable, or prudent, and (3) in attendance at large indoor gatherings. The ordinance has a built-in sunset clause, making it a temporary measure, and several exemptions for individuals who cannot or should not wear a mask.
We took this action to:
Protect the health of all residents, especially vulnerable populations
Enable businesses to stay open and continuing to employ people
Enable schools to keep operating in-person so that classroom learning continues
The City Council, unanimously, acted out of an abundance of caution and concern about rising rates of coronavirus in Utah County generally, and Provo specifically, and in anticipation of tens of thousands university students returning to the community and the return to class of many thousands of public school students and teachers. The decision came after we considered:
the consensus of qualified experts, specialists, and health officials who are working hard in difficult situations to provide the best data and guidance; and
input from thousands of Provoans who responded to an online survey or sent emails; a significant majority of whom favored a city-wide mask requirement.
Data and research accumulated and analyzed by recognized healthcare professionals, their associations, and organizations across the country, indicate that the wearing of masks helps stop the spread of COVID-19 and reduces the severity of illness if a person is wearing a mask when they contract the illness. We learned that we could have had lower transmission with less economic damage by embracing masking and social distancing guidelines earlier. The Council determined that the best option, under these unique circumstances, was not to wait for things to get worse, but to use a short-term measure to protect citizens and preserve the economy.
We support individual freedoms and we support the idea that with freedom comes responsibilities. Provo’s COVID-19 mask ordinance is lawful and constitutional. The Courts have long sustained the ability and authority of federal, state, and local governments to respond to public health and other
community safety needs. The City Council acted on its right and legal obligation to protect and provide for the safety, and to preserve the health of the city and its inhabitants.
Please vote for the COVID-19 Response ordinance.
