Hamilton masking bylaw ‘reluctantly’ dropped

Hamilton's masking bylaw was reluctantly" removed with many city councillors saying the province left no other choice.

I have reluctance. I have anxiety around this," said Mayor Fred Eisenberger. I worry about the impacts of this in our broader community but I don't see a way around what the province has already let out of the barn."

Eisenberger brought forward the motion to rescind Hamilton's masking and physical distancing bylaws at a special city council meeting Monday despite consternation and difficulty" with removing mandates on the first day of return from March break.

If we fail to follow through, there is going to be lots of conflict in our community," he said. It makes it very, very complicated, if not completely untenable, for the city of Hamilton to continue to enforce something that the province of Ontario has already said they don't want to continue."

Public health recommended dropping the mandates despite transmission still being well above pre-Omicron levels in November and Scarsin Forecasting showing that 17,500 cases could be avoided in Hamilton if the public keeps up with measures like masking.

It will basically say to those who are most vulnerable among us that we are not prepared to protect them by encouraging this masking a little bit longer," said Coun. Nrinder Nann, who opposed rescinding the masking bylaw along with Coun. Maureen Wilson.

I feel the weight of this decision," said Wilson. I acknowledge the province is putting us in a really untenable position here. We should be changing restrictions when it is reasonable and safe for populations that are the most vulnerable."

McMaster Children's Hospital, other leading pediatric health organizations and key members of the Ontario COVID-19 Science Advisory Table had called for mandatory masks to remain in place until at least two weeks after March break.

Instead, Premier Doug Ford stopped requiring masks in most settings Monday with the blessing of Ontario chief medical officer of health Dr. Kieran Moore.

However, Hamilton's masking bylaw was still in place Monday, creating confusion about the rules.

It's a catch-22. If you want to maintain the mask mandate because you feel that there is still risk out there, the challenge is the province removed theirs so how are you going to enforce yours," said Coun. Brad Clark. If we try to keep our mandate in place, the legal conundrum we're going to create is huge."

He also worried it would be setting up the businesses to take an awful lot of abuse at the door."

The divides within the community on COVID mandates weighed heavily on councillors as they voted.

Criticism has been very loud, very obnoxious, very aggressive and sometimes threatening," said Coun. Lloyd Ferguson. There is such strong rooted opposition to both sides on every issue you try to bring forward."

Coun. Esther Pauls said no matter how she votes, I will offend someone."

We need to be united as a city," she said. Wear a mask, we will applaud you. Don't wear a mask - fine."

Pauls pointed out that a lot has changed over the two years the city masking and physical-distancing bylaws have been in place.

I believe we are in a new position now," she said. Just over two years ago we didn't even know what COVID was ... It was so scary."

Ferguson agreed that it's time to move on with our lives; It's time to get back to some sense of normalcy."

Coun Tom Jackson said he believes the majority of his constituents support learning to live with the virus.

Like other councillors, he felt keeping the bylaw in the face of the provincial decision would just be an awful conundrum in terms of causing even greater stress and pressures and pitting one against another."

Are we perfectly where we should be - No." he acknowledged.

A number of councillors said they would continue to wear masks in many settings and so did Hamilton medical officer of health Dr. Elizabeth Richardson.

I will continue to err on the side of caution and wear a mask," said Coun. Russ Powers.

I will continue to wear a mask to protect myself," said Coun. Maria Pearson. Now every citizen has that right to or not to."

Masks are still required until April 27 in a number of high-risk areas including transit, seniors' homes, health-care settings, jails, shelters and congregate living.

St. Joseph's Healthcare and Hamilton Health Sciences both put out reminders to the community Monday that masks need to be worn in their buildings.

In addition, some organizations including the Hamilton-Wentworth District School Board have decided to keep masking longer.

My mask protects others," said Coun. John-Paul Danko. Mandatory masking regulations was, My mask protects you, your mask protects me.'"

While he voted to get rid of the bylaws, Danko questioned the sense of dropping mandates when masking is still strongly recommended in crowded indoor settings.

In addition, there was also discomfort among some councillors in dropping mask requirements while Hamilton has just 57 per cent of adults boosted.

It seems that third booster is stubbornly stuck below that 60 per cent line," said Jackson.

Eisenberger called the third-dose gap a major concern."

I would say from my perspective it ought to be mandatory," he said. People need to get their booster shot ... It's part of the responsibility of being a community member that you do your part and get the vaccine."

Joanna Frketich is a health reporter at The Spectator. jfrketich@thespec.com