Washington State Court of Appeals sides with Inslee’s authority to enact mask mandate

In a published opinion, the Washington State Court of Appeals has sided with Gov. Jay Inslee’s authority to institute a mask mandate.

Petitioners sought to nullify the state secretary of health’s order that called for Washingtonians to wear a mask indoors and in certain large outdoor settings during the pandemic.

The petitioners filed a claim for declaratory and injunctive relief, a court order that prohibits an organization or an individual from taking a specific action, against Inslee and Secretary of Health Umair Shah over the mask mandate.

The petitioners argued that the order violated their right to free speech because wearing or not wearing a mask is symbolic speech, does not survive strict scrutiny, and compels speech.

They also argued that the order was void because proper authority was not designated to the secretary, and the emergency proclamation enacted by Inslee in response to the pandemic was in excess of the governor’s authority.

Furthermore, petitioners asserted that the power given to a local health officer was improper.

In response, the Court of Appeals made the following ruling:

“We affirm the trial court and hold that the mask mandate does not implicate speech, therefore, we do not address whether the mask mandate survives strict scrutiny or compels speech. We also hold that the mask mandate is not void because the legislature properly delegated the authority to address an emergency to the secretary, the governor’s Emergency Proclamation was not in excess of his authority, and the power delegated to the local health officer is not improper.”

According to the published opinion, when the lawsuit was filed, few drugs or therapies were available, plus no vaccines had been approved by the U.S. Food and Drug Administration to treat or prevent the virus.

It was on Feb. 29, 2020, when Inslee issued a state of emergency in Washington after the first case of COVID-19 was confirmed in the state.

COVID-19 was identified as a potential public health threat in the U.S. and in the state.

On June 24, 2020, the secretary of health issued a statewide order, which required every Washingtonian to wear a mask in public pursuant to authority under RCW 43.70.130, RCW 70.05.070 and the governor’s emergency proclamation.

The purpose of the mask mandate was to “help control and prevent the spread of COVID-19 in Washington state.”

Anyone who had failed to comply with the order could have been found guilty of a misdemeanor and subject to a fine of up $100 or up to 90 days of imprisonment — or both.

With that said, the state secretary of health showed evidence of the efficacy of how wearing masks helped to prevent the spread of COVID-19, citing the Centers for Disease Control and Prevention’s findings that “face coverings are one of the most powerful weapons we have to slow and stop the spread of the virus — particularly when used universally within a community setting.”

While petitioners presented their own information in opposition of the state, the trial court entered judgment in favor of the secretary of health, which later resulted in the Washington State Court of Appeals upholding that judgment.