Charlotte mayor issues new statement on stance that she can’t order COVID mask mandate

Charlotte Mayor Vi Lyles said Tuesday she supports mask wearing to stem the spread of coronavirus, calling it the second-best tool after COVID vaccination.

But in a virtual morning news conference, Lyles also said she does not have the power to “mandate a mask requirement for the city of Charlotte.

“We should be wearing our masks. That’s what I believe, but there are also people that don’t believe that and they may not support it,” Lyles said. “My family, we all wear masks... And what I want for my family, I want for the people in Charlotte.”

The UNC School of Government offers a different legal interpretation than Lyles: Individual mayors of towns and cities can move forward with coronavirus restrictions in an emergency order, the Observer reported last year.

Beyond mask mandates, leaders can also impose curfews and reduce the size of mass gatherings, among other health precautions, according to the School of Government.

Six hours after her news conference, Lyles issued a late afternoon statement saying she wanted to clarify earlier comments. But she did not clarify what her authority as mayor enables her to do.

Instead, Lyles emphasized an earlier point: “It is important that the entire Charlotte-Mecklenburg region work together to battle COVID-19.”

In her afternoon statement, Lyles also said she has yet to receive a recommendation to reinstate a mask mandate. Lyles said recommendations to elected officials come from Mecklenburg County Public Health and the county’s “Policy Group” for COVID-19.

Meanwhile, Gov. Roy Cooper and Mecklenburg Public Health Director Gibbie Harris have pleaded with the public to resume wearing mask indoors, regardless of their vaccine status. And on July 30, county spokeswoman Pam Escobar said Mecklenburg was “having ongoing discussions” with local officials about restoring the mask mandate.

Elsewhere across North Carolina, leaders are already imposing their own mask-wearing rules amid a spike in COVID-19 cases due to the highly contagious delta variant.

Durham County’s indoor mask mandate for everyone over age 5, for example, went into effect Monday afternoon. In Watauga County, Boone’s latest state of emergency declaration will require masks for residents over age 2, starting Tuesday night.

Lyles said at her morning news conference that she hopes Charlotte residents understand “this is a difficult time” as coronavirus cases surge again.

“We will take any action that we can personally take and be personally accountable to each other and responsible to each other,” Lyles said.

Local mask policies

Regardless of vaccination status, Mecklenburg County government workers must now wear masks inside county-owned buildings. Starting next month, employees who are not vaccinated will need to undergo weekly COVID-19 testing.

For now, Charlotte has less stringent policies.

In city-owned government buildings in Charlotte, masks are still only recommended — not required, city spokesman Cory Burkarth told the Observer.

During Monday’s City Council meeting, only a handful of elected officials wore masks.

City Manager Marcus Jones said Charlotte was following guidance from the Centers for Disease Control and Prevention. However, the latest health guidance says masks should be worn indoors in places experiencing high COVID-19 transmission, which includes Charlotte and nearly all of the state.

Lyles said residents can expect to see her wearing a mask inside, though the mayor was not wearing one during Monday night’s meeting.

On Tuesday, Lyles declined to say whether city workers should be required to get vaccinated. She said a vaccine status verification process that’s now underway for about 8,000 employees will help Jones determine what type of policies to pursue.

Collaboration is key

Harris has urged residents to wear masks and protect residents, including those who cannot get vaccinated against COVID-19.

But as health director, Harris does not have the authority to issue a countywide mask mandate.

Lyles deferred to Harris on Tuesday about a potential mask mandate, saying the county health department “will help us thread this needle throughout this time.”

Collaboration in the region is crucial to ensuring that restrictions are successful at lowering transmission rates, Lyles said during the news conference.

“If we do get that (mask mandate) recommendation, I along with the Mayors and other elected officials will discuss and consider that recommendation, which is consistent with the approach that we’ve taken throughout the pandemic,” Lyles said in her statement Tuesday afternoon.

Throughout the coronavirus pandemic, Harris has sought unanimous support from Lyles and County Commissioners’ chairman George Dunlap, as well as the mayors of the six towns, to enact local rules, including a stay-at-home order and late-night alcohol curfew.

Local officials have also deferred to Cooper, who recently stopped short of issuing a mask mandate, but said municipalities can deploy stricter regulations.

In recent interviews with the Observer, Huntersville Mayor John Aneralla and Matthews Mayor John Higdon have said they won’t support another mask mandate.

“We are taking this day by day and looking at it,” Lyles said of the possibility of new restrictions as coronavirus trends worsen.

COVID in the county

Mecklenburg’s rate of positive COVID-19 tests now exceeds 12%, county health officials said Friday. Just last month, the positivity rate was 3.6%.

Hospitalizations for the virus are also rising, with Mecklenburg officials reporting a 140% increase over the past 14 days.

And nearly half of all Mecklenburg residents are still not vaccinated, according to the North Carolina Department of Health and Human Services.

The vast majority of new cases are driven by unvaccinated people and the delta variant, health experts say.

Praise for the nondiscrimination ordinance

During her news conference, Lyles also praised the City Council’s unanimous vote on Monday night to expand protections for gender identity, gender expression, sexual orientation and natural hairstyles.

The mayor also thanked the LGBTQ+ community for repeatedly calling on Charlotte to update the city’s nondiscrimination ordinance and to promote diversity and inclusion here.

The city’s new NDO is applicable to all employers. Customers and visitors cannot be discriminated against in places of public accommodation either, although the ordinance does include religious exemptions.

“I really believe the ordinance that we have is strong and it’s the right one for us to have,” Lyles said.

But it not yet clear how Charlotte will enforce the new NDO. Lyles has asked the Budget and Effectiveness Committee to research and develop enforcement recommendations for the full Council within 60 days.

“Once you tell the public you’re going to do something, you have an obligation to follow it through,” Lyles said, emphasizing the importance of creating an “enforcement and implementation plan” for the NDO.

This story was originally published August 10, 2021 at 12:31 PM.