MARILLA, N.Y. — To Earl Gingerich, it was simple.
The people in his small, rural town of Marilla “don’t want to be told something. They want to have control of their own lives and how they proceed with it.”
That is why, says Gingerich, that he made the decision to defy a new mask mandate for Erie County at a time when COVID cases are spiking.
“I did officially notify the Erie County Health Department last evening. I sent a fax down to their (health) department stating our position and kindly asking them to not to come to the Town of Marilla to enforce that mandate,” Gingerich said.
It was just Monday when Erie County Executive Mark Poloncarz announced a mask mandate for all public places. New COVID cases had been rapidly on the rise.
On Tuesday, a single-day record was hit with 878 new cases in a single day. Poloncarz even asked people heading to the Thanksgiving holiday weekend to reconsidering gatherings, especially if anyone was feeling sick.
Interestingly, Gingerich says he supports Poloncarz making the mask mandate decision, but he added, “at the same time he has to respect what we feel is best for our clientele and make that decision.”
Just down the road from the Marilla Town Hall is one of the busiest businesses around, the Marilla County Store. On this Black Friday, it saw a steady flow of customers, all of them abiding by the owners' decision to make wearing a mask a condition of entering the store.
“I understand advocating for everyone’s personal rights and freedoms and decisions. The town government does not speak for our business, however. We have to make the decisions we feel best serve our customers, and our employees, and the longevity of this business,” co-owner Sandra Grunzweig said.
Attorney Barry Covert says it appears state law does give Poloncarz the authority to issue emergency orders, even without a statewide emergency declaration.
“But the question is,” Covert says, “for how long? What criteria does (Poloncarz) have to follow or satisfy in order to issue those emergency regulations?”
Covert says with COVID cases and hospitalizations on the rise, state courts would be very reluctant to step in if court challenges to emergency orders were filed.
What Erie County government might do about the Marilla’s defiant stance on the mask mandate, but clearly Poloncarz does not approve.
In a statement to 2 On Your Side, Poloncarz press Secretary Peter Anderson send this statement: “It’s a shame when an elected official values political posturing over protecting the health and safety of their constituents.
"Earlier today we heard from a Marilla business owner who said that he and other business owners were never consulted before this announcement was made, and they plan to comply with the mask mandate and not be grouped into whatever the Supervisor is doing. With virus cases on the rise and new strains of the virus being identified, it’s more important than ever to protect ourselves and others and masking is an important step.”