The mayor of Clarkdale, Doug Von Gausig, has unilaterally issued an executive order declaring masks are mandatory in the town of Clarkdale for anyone age 2 or older. Failure to obey Von Gausig’s order could result in a Class 1 misdemeanor, one step below a felony, six months in jail and a fine of up to $2,500.
Failure to wear a mask in Clarkdale is now on par with assault that causes injury, DUI disorderly conduct per domestic violence and criminal trespassing.
The order sent to the Cottonwood Journal Extra was not signed by the Clarkdale town clerk, Mary Ellen Dunn, on June 19. A sign version was finally posted online by Monday, June 22.
The cities of Cottonwood and Sedona have scheduled public meetings to discuss masks. Cottonwood’s meeting is being held today, Friday, June 19. Sedona’s meeting is scheduled Tuesday, June 23.
The mayor did not respond to questions about why he did not consult with the residents of Clarkdale.
The mayor did not respond to questions about why he did not allow the Clarkdale Town Council any input whatsoever as the elected body governing the town.
The mayor cites in the order that Arizona Revised Statute §26-311 and Clarkdale Town Code 2-2-3(F) permit him to proclaim and order the mandatory imposition of face masks.
Clarkdale Town Code 2-2-3(F) states the mayor:
“may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or manmade calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the Town. After declaration of such emergency, the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the Town, including but not limited to:
1. Imposition of a curfew in all or any portion of the Town.
2. Ordering the closing of any business.
3. Closing to public access any public building, street or other public place.
4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.”
The ordinance does not appear to grant the authority to mandate masks in public, nor on private property, like a private business.
Arizona Revised Statute §26-311 reads
“Local emergency; power of political subdivisions; state agency assistance
A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation declare an emergency or a local emergency to exist.
B. If an emergency is declared pursuant to subsection A, the mayor or the chairman of the board of supervisors shall, during such emergency, govern by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the city, town, or unincorporated areas of the county, including but not limited to:
1. Imposition of curfews in all or portions of the political subdivision.
2. Ordering the closing of any business.
3. Closing to public access any public building, street, or other public place.
4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.
5. Notifying the constitutional officers that the county office for which they are responsible may remain open or may close for the emergency.
C. In periods of local emergency, including an emergency declared pursuant to subsection A of this section, political subdivisions have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans or agreements therefor.
D. State agencies may provide mutual aid, including personnel, equipment and other available resources to assist political subdivisions during a local emergency in accordance with emergency plans or at the direction of the governor.”
The statute does not appear to grant the authority to mandate masks in public, nor on private property, like a private business.
The mayor did not respond to a request to explain what statute gave him the unilateral authority to issue a mask requirement without consulting Clarkdale Town Council.
Von Gausig’s executive order includes an explicit special carve out for kayaking, declaring that “face coverings are not required … when swimming or kayaking as long as social distancing of at least 10 feet can be maintained.”
Von Gausig runs for-profit kayak tours via the nonprofit Verde River Institute.
Von Gausig is running for reelection this year and is facing a challenger.
