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Newtown Mask Mandate Rescinded As Governor’s Emergency Powers Are Extended

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As Newtown came out from under a local indoor mask mandate Monday, September 27, the community’s delegation of state lawmakers readied for a special session of the General Assembly that by Tuesday had authorized further extending Governor Ned Lamont’s emergency powers. That initiative, while passing both the state House and Senate, was opposed across the board by Newtown’s delegation.

By 6:30 pm on September 28, Lamont had signed off on the approved extension, issuing a release stating, “As the Connecticut General Assembly has given final legislative approval to renew the COVID-19 civil preparedness and public health emergency declarations through February 15, 2022, [the governor] has signed an executive order — Executive Order No. 14 — authorizing nine previously issued executive orders to remain in effect through the duration of the renewed declarations, and revising and narrowing two previously issued executive orders.”

The governor explained that this new executive order is necessary so that certain previously issued orders can continue beyond September 30, 2021, which is the date that the declarations had previously been scheduled to expire. He informed legislative leaders of his intent to issue this order in a letter delivered to them last week.

“I believe Connecticut has been smart in our response and we’ve been taking the right steps to help mitigate the spread of this virus to the best of our abilities,” Lamont said. “That’s why we’ve gotten to a place where we currently have among the best results in the nation, and I’m just asking people to be cautious just a little bit longer until we can get this behind us.”

Executive Order No. 14 takes the following actions:

*Extends the duration of nine previously issued executive orders through February 15, 2022. These include:

*Executive Order No. 7P, Section 1, which concerns the authority to provide non-congregate housing to at-risk populations when housing them in group shelters or other communal settings would put them at greater risk of contracting or spreading COVID-19. It is important to note that despite claims by some commenters to the contrary, the Federal Emergency Management Agency has explicitly told Connecticut that reimbursement of about $2 million per quarter will not continue without such an order remaining in effect.

*Executive Order No. 9, Section 1, and Executive Order No. 13A, which provide the authority to require masks in schools, childcare facilities, and certain higher-risk settings, as well as providing municipal authority to require universal masking in certain settings.

*Executive Order No. 9Q, Section 3, and Executive Order No. 13C, which support the state’s comprehensive and nation-leading vaccination campaign by ensuring coordinating funding and reimbursement for vaccinations and allowing the Department of Public Health to share vaccination information with healthcare providers and local health districts.

*Executive Order No. 12D, which continues the requirement that before initiating the summary process for eviction, landlords file an application with UniteCT, the state’s nation-leading program to provide fiscal assistance to landlords and renters to prevent evictions that could lead to homelessness and the resulting increased risk of contracting and transmitting COVID-19.

*Executive Order No. 13E, which implements a streamlined training program for temporary nurse aides.

*Executive Order No. 13F and Executive Order No. 13G, which require long-term care facility workers, state hospital workers, state employees, preK through 12 school workers, and the staff of childcare facilities to get vaccinated, with test-out options for those not working in long-term care facilities and hospitals.

The new order also extends agency or municipal orders that were issued pursuant to any unexpired COVID-19 order. It further repeals Executive Order No. 11D, Sections 2 and 3, which concern the emergency procurement of essential goods and services, and renews them with a revised version that restores nearly all statutory contracting procedures and requirements except that, to provide for flexible process for goods and services essential to the COVID-19 response, keeps in place emergency authority for agency heads to use expedited noncompetitive procurement processes.

The revised order continues to require the department head or agency head to certify in writing that such expedited procurement is necessary to respond to the pandemic.

Lawmakers React

The affirmative vote extending Lamont’s emergency powers drew swift reaction from local delegation members.

State Representative Mitch Bolinsky (R-106), speaking with The Newtown Bee on September 28, said that he voted No on an extension of the governor’s emergency powers the previous day. The measure passed the house 80-60, with 11 not voting. Bolinsky said that he had an “opportunity no one else had” since he had a chance to speak with Lamont prior to the vote.

“He asked me what I thought and I said he’s not going to like what I had to say,” Bolinsky said. “I said, ‘You know what, open everything up, I’d like to come back to work.’ He was a little surprised, but he understood it.”

Bolinsky said he has an “interesting relationship” with the governor since Bolinsky’s mother died during the pandemic. Not from COVID-19, Bolinsky said, but from the lockdown from COVID.

“It took me hours to get into the hospital room,” said Bolinsky, who is unsure if his mother was aware he was there by the time he finally got to her bedside. The thing that terrified him after he managed to gather himself from his grief, he said, was that the doctors and nurses were wearing improvised PPE.

“From the looks on their faces, they were terrified,” said Bolinsky. “I called the governor before I called my wife. I told him my mother had passed away, but I was not calling for sympathy. I said he should see the faces of those taking care of us. They don’t feel valued enough to get proper PPE. I asked him if we could get them so and lo and behold, he did.”

Bolinsky said he and the governor are “cordial.”

“We don’t agree politically, but he’s nice to me. I get to have conversations with him that are better than screaming and yelling.”

In a video posted to Facebook, Bolinsky addressed the house, noting how both sides no longer seem to be communicating.

“We don’t seem to be at a point where, across our tribal nations, one party listens to the other at all,” said Bolinsky. “We agree on more than we disagree — stop being so tribal.”

Bolinsky said he likes to be welcome at the Capital and to be able to greet his constituents there. He said that though Lamont has been doing a good job with the emergency powers, he felt it was time to return to voice to the people through their elected representatives. He also felt that the numbers were dropping across the state and that the executive powers were no longer necessary.

“People think the executive powers are tied to masks and vaccines, but they’re not,” said Bolinsky. “The House and Senate are going to uphold everything necessary to keep the people of Connecticut safe. The people of Connecticut have responded beautifully in general and individually. It’s time to move back to the representative government they elected. I work day in, day out with my constituents. I want their voices returned to the day-to-day business of Connecticut.”

State Representative Raghib Allie-Brennan (D-2) who represents several neighborhoods in western Newtown, said via a release, “Today, I voted against extending Governor Lamont’s emergency powers through February 15, 2022. As was the case in July, my position is not a reflection of Governor Lamont. I believe he has guided our state through this crisis responsibly. My vote on this matter is about reestablishing the balance of power between the three equal branches of government as guaranteed by the Constitution.

“I have promised to be a strong voice for the people of Bethel, Danbury, Redding, and Newtown and I believe they are best served by ensuring that the balance of power in state government is maintained,” he added.

Representative Tony Scott (R-112), whose district overlaps southern Newtown, said “I voted against this latest extension, as I have when this chamber has considered previous extensions. Between the tools and federal funding we now have to fight COVID, there should be no reason why this state legislature cannot be allowed to continue to do its job.

“The challenges facing our state are too many for one man to solve on his own,” Scott said. “Members of Safe Streets Connecticut spoke to members of the press before the vote about the need for urgent action as our state’s juvenile crime crisis continues to escalate, with homicides and car thefts both up last year across the entire state. Hiring shortages are constricting many sectors of our economy, and even threatened to derail a return to in-person learning for many of our children.

“These challenges require a legislature ready to confront them head-on, and this week’s vote was a blow to getting your legislators back to work for the people of this state,” he concluded. “I voted No on this extension and will continue to do so until this legislature reclaims its role as a co-equal branch of our government.”

Senator Tony Hwang (R-28), who represents Newtown, said he and 14 other colleagues voted against the extension.

“I am deeply troubled by the precedents we are choosing to set lately as a state government,” Hwang said following the vote. “Today’s decision to continue a hodge-podge state of emergency where there is no data or science-based end of the tunnel or end date. On one hand we are offering praise for being the most-vaccinated state in the nation, but we are implementing vaccination mandates at the same time. We are continuing a state of emergency, but we are promoting mass-attended sports events, fairs, and encouraging shopping and tourism.

“We are allowing the governor to unilaterally govern by ‘emergency power’ of executive orders without the co-equal legislative branch of government, but Governor Lamont’s on challenging decisions such as masks, left that decision to municipal town leaders, causing confusion, conflict and tension in our communities.”

Hwang said Connecticut’s citizens “deserve consistent policy, transparent strategy and the reassertion of our three branches of our proper, representative government.”

“Any opposition — partisan or just an alternative opinion from the public — should be engaged and supportively heard. Instead, the people and the political minority have been disregarded or worse, labeled as extreme and uncooperative,” Hwang added. “The legislature, over the past year and a half, has given no indication that they would be uncooperative or slow to assemble and act. We must return to work in our full capacity to ensure that the public we represent are heard and considered in these decisions that impact all facets of day-to-day life in Connecticut.”

CodeRED Message

Regarding the local indoor mask mandate and following a consultation with Newtown Health District Director Donna Culbert on Sunday, September 26, First Selectman Dan Rosenthal issued a CodeRED announcement ahead of lifting a temporary order that had previously been instated and was extended by the Legislative Council.

The text of the message is as follows:

“Four weeks ago I called with the news that an indoor mask mandate was being instituted for Newtown based on increasing COVID cases. At that time our case rate based on a two-week average was 16.9 cases per 100,000 population, which was above CDC guidance for indoor mask wearing at 10 cases per 100,000,” Rosenthal’s message began.

“At the time, I also shared the metrics that would need to be present in order to lift the mandate, which would require consecutive weeks of case decline where cases fall below CDC guidance.

“I’m pleased to report, our case rate per 100,000 over the last four weeks has gone from 17.2 to 15.1 to 10 to now 7.7,” he points out. “In addition, using a seven-day average we have been below 10 cases per 100,000 for two weeks.

“The trend line for Fairfield County has been similar.

“As such, effective tomorrow the mandate that all individuals regardless of vaccination status wear masks indoors in public spaces is lifted. This does not apply to our schools as that is under the purview of the Governor,” the first selectmen said.

“This is not to suggest that nobody should wear masks any longer. Furthermore, by order of the Governor, unvaccinated individuals must continue to wear masks indoors. I expect that some of our businesses will continue to require masks, which is permitted and should be supported no matter what.

“As I mentioned in my last call, the continued decline in our case rate comes down to all of us, as we need to be conscientious as to our activities, such as travel and large gatherings and if you don’t feel well, please stay home,” Rosenthal further stated. “We are all in this together and we need to be considerate of one another.

“The best protection from serious COVID illness is to get vaccinated. Please see our Health District website for information on how to do so. In addition, as we get more color on booster shot availability for those that are over 65 or have underlying health issues we will add it to the website as well.

“Our Health Director, Donna Culbert, and I will, of course, continue to follow this closely and will make updates as necessary,” the message concludes.

Culbert subsequently told The Bee that people should feel encouraged to wear masks when they want to, especially when in crowded places where residents are not sure what they will encounter.

“The dropping of the mask mandate should not signal people to stop wearing masks altogether. They should continue to wear masks where they feel it is appropriate,” she added.

CDC, District Updates

Four days earlier, Culbert told The Newtown Bee that she was awaiting directives regarding the recently authorized Pfizer booster.

On September 24, the CDC released a recommendation that the following groups should receive a booster shot of Pfizer-BioNTech’s COVID-19 Vaccine at least six months after completing their Pfizer-BioNTech primary series (i.e., the first two doses of a COVID-19 vaccine):

*People aged 65 years and older;

*Residents aged 18 years and older in long-term care settings; and

*People aged 50–64 years with underlying medical conditions.

The CDC also recommends that the following groups may receive a booster shot of Pfizer-BioNTech’s COVID-19 Vaccine at least six months after completing their Pfizer-BioNTech primary series, based on their individual benefits and risks:

*People aged 18-49 years with underlying medical conditions; and

*People aged 18-64 years at increased risk for COVID-19 exposure and transmission because of occupational or institutional setting

These recommendations only apply to people who previously received a Pfizer-BioNTech primary series (i.e., the first two doses of a COVID-19 vaccine).

People can talk to their health care provider about whether getting a Pfizer-BioNTech COVID-19 booster shot is appropriate for them.

Culbert said detailed information regarding upcoming efforts to provide booster vaccinations should be coming soon. She is also expecting information/directives about vaccinating children under 12.

“People who have not yet been vaccinated and looking to do so or those individuals who are immunocompromised can seek out a third dose now, as close as Walgreens and CVS here in town,” the health official said, adding she expects to see many more vaccine distribution locations in the region opening or reopening.

“For this week, it seems that cases are leveling off,” Culbert said, adding that at 1:30 pm on September 29, the latest data shows new cases decreased from 18 to 16.

As of September 23, Newtown’s positivity rate for COVID-19 infections had dropped to the “tan” designation, with less than 7.7 active cases per 1,000 residents according to the state database. And on September 28, the state reported that Newtown had logged 2,381 positive cases.

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Editor John Voket can be reached at john@thebee.com.

The Newtown Legislative Delegation, from left: Rep Tony Scott, Rep Mitch Bolinsky, Sen Tony Hwang, and Rep Raghib Allie-Brennan.
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