KENAI, Alaska (AP) – Some Alaska County attorneys have disproved a claim by the state’s chief attorney that counties may issue mask mandates in response to the coronavirus pandemic.
Attorneys representing second class counties in the state sent a letter to acting Attorney General of Alaska Ed Sniffen, The Peninsula Clarion reported on Sunday.
Sniffen said last month that municipalities, including the state’s second-rate counties, can use face masks with their disaster relief workers.
Alaska has 18 organized counties and one unorganized county that covers more than half of the state, according to the Alaska Municipal League website. Second class counties must obtain voter approval to exercise many powers, while first class counties can exercise any powers not prohibited by law by issuing ordinances.
The attorneys’ letter of November 18 outlined specific laws prohibiting second-class districts from issuing mask mandates in response to a pandemic.
The letter was signed by lawyers from East Aleutian counties, Bristol Bay, Fairbanks North Star, Kenai Peninsula, Ketchikan Gateway, Kodiak Island and Matanuska-Susitna.
Alaska law does not authorize a political division to perform functions that it is otherwise not authorized to perform during an emergency, the letter said.