Tuesday, April 26, 2022

Just Say No

The meme above is from Roy, a guy I first met 40 years ago. To say he is something of a character is an understatement. His main post-retirement activity is to dress to the nines and take selfies at LA cultural sites, of which there are many, and post them on Facebook, so he's busy. Recently he's been taking maskless selfies on Metrolink trains to make the point that even before last week's order from Judge Mizelle, Metrolink staff had stopped enforcing the mask mandates, we must assume with the tacit endorsement of both their union and management.

Last week I posted on what I speculated was Metrolink's dilemma when "Dr" Barbara Ferrer, the LA County health director, issued an order saying that despite the TSA's ceasing mask enforcement, with Amtrak and the airlines following suit, public transit in LA County must continue to enforce masking. Among the problems I saw in this was that Metrolink operates in four other counties besides LA, and a train that starts in LA County usually finishes its run in one of the others. Can people take off their masks when the train leaves the county?

Roy provided a link to a clarification in his Facebook post:

Confusion in trains as riders in Orange County and Inland Empire asked to wear masks – again.

"I thought that was over" and "I don’t have one" were the most common phrases we heard at train stations along the Metrolink lines outside Los Angeles County. Earlier this week, riders heard they no longer had to wear masks after a federal judge struck down the Biden Administration's mask mandate on planes and other forms of public transportation stating that the mandate exceeded the authority of U.S. health officials.

However, Los Angeles County health officials are, again, mandating masks on public transit, citing a rise in COVID-19 infection rates. As a result, Metrolink officials are asking riders on its system, even in lines and stations not in LA County, to wear masks.

"We are not kicking people out if they are not wearing them," said Scott Johnson, director of Communications at Metrolink.

Johnson forwarded FOX 11 the following statement, explaining Metrolink's position:

"Following the County of Los Angeles Department of Public Health issuing a Health Officer Order that masking in all public transit within LA County and in LA County indoor transportation hubs continues to be required, Metrolink is asking all passengers aboard Metrolink trains systemwide to once again wear a mask aboard all Metrolink trains.

Just as we did Monday when Metrolink followed a federal directive to lift the mask mandate, we will continue to monitor the situation and adjust as needed with passenger safety as the focus."

The back and forth is making it difficult for many riders we spoke to. Even those who prefer to wear masks, and had them, admit it can be confusing. One rider explained he and his wife just got off a plane, where they were glad to not have to wear a mask, and find that having to wear it on a much emptier train seems unnecessary. Still, many we talked to say they will comply, and plan on carrying masks on their person, regardless. Others say they will refuse, and stop catering to businesses that insist on it, be it a restaurant, and yes, even the train.

A basic principle that's being proven in all the COVID restrictions is that off-again-on-again eventually makes them unenforceable, especially when jurisdictions conflict. A bigger problem for LA County is that its order specifically listed one condition for ending it would be if the CDC ends its own mask mandate, which is effectively suspended anyhow just about everywhere but LA County and some New York area agencies. The current CDC extension is set to end on May 3, a week away.

I would guess that Metrolink was in a bind, as there must have been some type of discussion with the union on whether employees were required to enforce masking -- I assume this was never in the contract, and employees didn't want to continue to do it, especially if having to remove recalictrants from a train and risk of personal harm was involved. So Metrolink is publicly splitting the baby, saying they'll "ask" but not enforce, hoping it won't last long.

As of now, we have no news on whether the CDC intends to ask for yet another extension, but even if they do, in light of the fact that it's no longer enforced in most of the country, its days are numbered no matter what. Overall, in light of the damage the lockdowns and business restrictions did, it's probably just as well that the public health establishment has effectively destroyed its credibility for years to come. Let's face it, this has been the main contribution of Drs Fauci, Walensky, and Levine, as well as "Dr" Ferrer, to the general public welfare.

And Roy, of course, is right.