Name: Stitt, state task force, ignored information proving the effectiveness of statewide mask mandates when selecting COVID-19 mitigation measures
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Stitt, state task force, ignored information proving the effectiveness of statewide mask mandates when selecting COVID-19 mitigation measures

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Josh Dulaney and David Dishman Editor's note: Recently filed sworn statements and evidence submitted by the state of Oklahoma in a legal case against several bars shine light on the thought process behind the governor's decision-making process for COVID-19-related restrictions and the current state of hospital capacity. This story is one of two, and The Oklahoman is reporting on the court case as it continues.Gov. Kevin Stitt and other members of Oklahoma’s COVID-19 task force implemented some proven methods to reduce the spread of the disease, while ignoring others that worked around the country.In a court case to determine whether Stitt can impose a curfew on bars and restaurants, evidence submitted by the state to justify the curfew also acknowledges the effectiveness of mask mandates in reducing the spread of COVID-19.“Mitigation measures, including mask mandates, that are implemented and enforced statewide appear to have been effective in decreasing the spread of COVID-19 in Arizona,” according to one of the CDC case studies submitted as evidence by the state.Sworn statements by members of the state’s task force, including Oklahoma Health Commissioner Lance Frye and John Budd, the state’s chief operating officer, show the decision to restrict bars and restaurants is due to increased risky behavior associated with alcohol consumption.“There is no specific time of day, place, or behavior that makes COVID-19 transmissible,” Frye said in a sworn statement to a district court judge. “But bars and restaurants are the high-risk environments for the transmission of the virus.”“The fact that this activity is conducted in crowds of strangers only adds to the risk of spreading the virus,” Budd said. “Cognitive impairment and risk of spread only worsen the later it gets in the evening due to increased drinking, growing crowds and reduced inhibitions.”Many other activities are listed as high-risk, according to the state-submitted documents.Attending a religious service with 500 or more participants, going to a sports stadium, attending a large music concert, going to a movie theater, going to an amusement park, working out at a gym and eating at a buffet were all in the high-risk category, according to a piece of evidence from the Texas Medical Association.As COVID-19 cases surged in November, Stitt called for reduced capacities and other forms of mitigation efforts through executive order — but he would not commit to implementing a statewide mask mandate and the only curfew was for on-premise consumption at bars and restaurants.“I believe it’s unenforceable,” Stitt said recently regarding a mask mandate. “I don’t believe in a one-size-fits-all approach.”Stitt did not return requests for an interview at the time of initial publication for this story.Declaration of Dr. Lance FryeIn December, Oklahoma County District Judge Susan Stallings granted the six plaintiffs a temporary restraining order against Stitt and the Oklahoma Alcoholic Beverage Laws Enforcement Commission.ABLE said it wouldn’t enforce the curfew at any Sooner State bar or restaurant until the case was resolved.In his sworn statement to the judge, Frye, who serves on the Governor's Solution Task Force, said the virus is most transmissible in indoor environments, and environments and behaviors that make mitigation efforts like social distancing and wearing masks difficult or impossible are among the highest risk for transmission.Frye said since COVID-19 began to spread in Oklahoma in March, the state has had to balance “protecting public health, including our most vulnerable populations, with keeping Oklahoma’s businesses open safely.”Oklahoma was one of the last states to close non-essential businesses and one of the first to begin “safely” reopening the economy, Frye said.However, in late October and early November, Oklahoma experienced a significant spike in cases, causing an increase in hospitalizations.The Task Force tried to identify areas where disease transmission could be decreased without disrupting commerce in Oklahoma.“The mitigation option that would have provided the most significant impact on the reduction of case transmission was to close bars and limit restaurants to carry-out or delivery only, but exercising this option would have a highly detrimental impact on all bars and restaurants across the state,” Frye said.In an attempt to balance protecting public health and keeping Oklahoma’s businesses open safely, it was decided to enact a curfew in bars and restaurants for on-premises consumption of food and alcohol instead of a complete closure.Frye said the 11 p.m. curfew was based on several factors.“First, the later into the evening it becomes, the less patrons are present for eating, an essential activity, and the more patrons remain for consuming alcohol, a non-essential activity,” Frye said.“Second, as alcohol consumption increases, individuals are more likely to engage in risky behavior. This high-risk behavior includes not masking between drinks, not distancing, and maintaining close contact with individuals outside of the household for extended periods of time.”Declaration of John BuddIn a sworn statement, Budd, the state’s chief operating officer who also serves on Stitt’s task force, said the roughly 25-member group of experts initially met seven days a week as the outbreak hit Oklahoma.In trying to slow the spread, the task force collected and relied on evidence and opinions from the Centers for Disease Control and Prevention, local health experts, business advocates and other experts, Budd said.“We heard evidence from researchers at Google that their data showed that closing bars and restaurants would have the biggest impact in containing the spread of COVID-19 relative to other non-pharmaceutical interventions,” Budd said.“The same researchers at Google found that small reductions in COVID-19 spread through prevention would result in significant improvement to the economy both by way of increasing consumer confidence and reducing costs.”That economic impact report is also included as part of the state’s evidence. The Google analysis shows that for every 1% decrease per 100,000 cases, the state would avoid more than $14 million in medical costs annually, as well as recover more than $2 million in state revenues.However, for every 1% increase per 100,000 cases, the state GDP would only decrease by 0.01%, according to the Google report.During the fall increase in cases, the task force met with medical, business and policy experts to come up with a solution to slow the spread of the virus with “minimal impact to Oklahoma business and essential services.”Budd said the 11 p.m. cut-off on serving alcohol at bars and restaurants for onsite consumption would help curb the spread of COVID-19 in Oklahoma.Budd said bars are conducive to the spread of viruses due to close, personal contact indoors, lack of facial coverings, loud talking, standard bar activities like dancing and singing and playing games, and reduced cognitive function for good decision-making due to drinking alcohol.

Josh Dulaney and David Dishman Editor's note: Recently filed sworn statements and evidence submitted by the state of Oklahoma in a legal case against several bars shine light on the thought process behind the governor's decision-making process for COVID-19-related restrictions and the current state of hospital capacity. This story is one of two, and The Oklahoman is reporting on the court case as it continues.Gov. Kevin Stitt and other members of Oklahoma’s COVID-19 task force implemented some proven methods to reduce the spread of the disease, while ignoring others that worked around the...

Stitt, state task force, ignored information proving the effectiveness of statewide mask mandates when selecting COVID-19 mitigation measures

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