Bingle censured for violating mask mandate

Spokane City Councilman Jonathan Bingle was censured Monday for his refusal to wear a mask.

The Spokane City Council passed two resolutions on Monday – one formally condemning Bingle, who is openly violating the state’s mask order while at work in City Hall, and the other urging Mayor Nadine Woodward to enforce the mask mandate, formalizing complaints aired by some members last week who want Woodward to lock Bingle out of City Hall.

Councilman Zack Zappone, who co-sponsored the censure resolution, argued Bingle is within his rights to advocate against Gov. Jay Inslee’s mask mandate – but should do it while masked or working from home.

“Council Member Bingle is intentionally breaking the law, and even worse, he is using his office to intentionally break the law,” Zappone said.

Bingle countered he was one of many “frustrated with the inconsistencies” of the mask mandate.

“This has never been about the mask. This is about me standing up for those who feel like they don’t have a voice,” Bingle said.

One person in City Hall voiced discomfort with his refusal to wear a mask, Bingle said, and since then he has avoided that person’s office. Bingle said he had no problem attending meetings virtually, but reaffirmed that he would not wear a mask in City Hall.

The Centers for Disease Control and Prevention recommends masks as a way to help prevent the spread of COVID-19, and cites numerous studies showing the efficacy of masks.

Woodward told The Spokesman-Review on Monday that she does not believe she has the authority to suspend Bingle’s access to City Hall. City Attorney Michael Ormsby sent Bingle a letter on Friday, she said.

“It’s between the city attorney and the council member,” Woodward said. “I don’t have information on what that letter entailed but I’m going to let it be handled that way.”

The contents of that letter were not made public Monday .

Bingle chided his colleagues for also failing to comply with the mask mandate, but Council President Breean Beggs countered that Bingle was the only council member openly refusing to comply with the law.

Violation of the state mask order can be met with fines by the Washington Department of Labor and Industries, which could be paid for from the city’s coffers.

The city, like any business or organization, is responsible for protecting its employees, according to Department of Labor and Industries spokesman Matt Ross.

“If we cite an employer for safety violations, the employer must pay the fine,” Ross wrote in an email to The Spokesman-Review.

Violation of the order may also be charged as a misdemeanor.

The Department of Labor and Industries has fielded six complaints regarding Bingle’s mask usage and is taking the first steps in its process, which include contacting Bingle and the city’s Human Resources Department, according to Ross. But the state is not actively inspecting the premises.

Bingle said Monday he is not aware of any complaints made against him.

The resolution to censure Bingle was sponsored by Zappone and Councilwoman Karen Stratton.

Stratton said she received emails from city employees who “were not feeling safe, that felt they didn’t matter, that felt they had to wear masks but certain other people had a choice.”

“I don’t care what your politics are,” Stratton said. “I care that we’re keeping people safe.”

Bingle and Councilman Michael Cathcart were the only members to vote against the censure.

Cathcart decried the process, noting that the resolution was publicized only hours before Monday’s vote. Woodward also voiced frustrations with the Council for suspending its own rules in order to hold the vote.

“I just wish this wasn’t the way we resolve issues,” Woodward said.

Zappone, who also wrote the second resolution calling on Woodward, said he hoped it would prevent the city from having to pay fines on Bingle’s behalf.

“The Mayor should use the power of her office and the personnel who report to her to investigate any person not complying with state laws regarding masking within City owned buildings, and criminally prosecute willful non-compliance and remove them from City owned buildings,” the resolution states.

Woodward and Beggs have looked to each other to handle the issue.

Cathcart warned that if the mayor can ban one council member from City Hall, she can ban all seven, and called the resolution “gross.”

Bingle echoed the sentiment. “It’s a really dangerous precedent, and I think it’s bad,” he said.