Bartlesville Radio: The area’s best source for news, weather and sports!

The Washington County Commissioners are now in possession of a letter from the Washington County District Attorney’s Office regarding the legality of a courthouse mask mandate that was approved last week.

It is the legal opinion of the District Attorney’s Office by order of the Commissioners to require masks be worn by the public is legal and can be enforced by the Washington County Sheriff’s Office in the form of refusal to allow entry to the Courthouse in Bartlesville.

The basis for the opinion is based on Governor Kevin Stitt’s public health emergency for all 77 counties. According to the DA's Office, the emergency continues and was once again extended by executive order on November 16th, 2020, with executive order 2020-20.

The opinion was also based on the Supreme Court of Oklahoma and the Oklahoma Court of Criminal Appeals establishment of a joint order that grants local county officials the control over the extent to which county building are closed or have restricted access. This was established on November 23rd, 2020.

Further, the DA's Office said the Washington County Commissioners are empowered to "do all other acts in relation to property and concerns of the county necessary to the exercise of corporate or administrative power." The DA's Office also said County Commissioner generally have the power to make all orders respecting the real property of the County.

It it the opinion of the Washington County District Attorney's Office, the commissioners have the authority to create such an order as long as the order is reasonable and rationale as to the purpose of the order. In this case the DA's Office said it appears from the Centers for Disease Control (CDC) and recommendations from the Oklahoma Health Department that masks lower the risk for transmission of COVID-19 and requiring them in the Courthouse can lower the risk of transmission of the virus to the employees of the Courthouse and other members of the public who visit the Courthouse.

The Commissioners requested the letter be sent to them following their last meeting where the mandate was approved. The approval of the mandate was made after District Judge Linda Thomas and Assistant District Attorney Will Drake expressed their concerns regarding groups of citizens not wearing masks when they were supposed to in light of the ongoing coronavirus pandemic.

The letter may be acknowledged during the Washington County Commissioners’ meeting on Monday, Dec. 7th. The meeting will begin at 9:00 a.m.

The letter from the Washington County District Attorney's Office to the Washington County Commissioners can be found here.