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Winneshiek County Sheriff issues statement on City of Decorah mask ordinance

Posted: Wed, Aug 19, 2020 9:18 AM

Winneshiek county Sheriff Dan Marx says his office has been receiving numerous phone calls in the wake of the Decorah City Council's passage of a mask wearing ordinance.  Marx posted the following statement on the Sheriff's Office's Facebook page:

"First, the Winneshiek County Sheriff's Office does not enforce any city or municipal ordinances (such as backyard campfires, lawn and sidewalk maintenance, muffler infractions, etc.) in any of the eight incorporated towns within Winneshiek County. This is not something new. For a multitude of legal and practical reasons we never have enforced city codes. Ordinance infractions and enforcement have always been the function of the local police department (or mayors in the towns that do not have city police). This particular mask ordinance is no different. Enforcement measures for this mandate will have to be handled by the City of Decorah or the Decorah Police Department.

Furthermore, such a mandate has already been deemed unlawful and unconstitutional by the Iowa Governor's Office, the Iowa Attorney General's Office, and the Iowa Department of Homeland Security and Emergency Management. The Winneshiek County Sheriff's Office will not participate in the enforcement of any unlawful or unconstitutional actions, ordinances, or mandates.

In closing, we encourage everyone to show mutual respect, tolerance and kindness to one another, and to follow the current health guidelines and recommendations put forth by the county board of health."