Indiana lawmakers clash over COVID-19 protocols as 2021 session nears

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Fady Qaddoura, the first Muslim elected to the Statehouse, is sworn in on the floor of the Indiana Senate on Organization Day at the Indiana Statehouse in Indianapolis, Tuesday, Nov. 17, 2020, marking the start of the 2021 legislative session. His wife and daughters were in attendance. (Michelle Pemberton/The Indianapolis Star via AP, Pool)

Democrats and Republicans clashed over COVID-19 protocols on Tuesday as they gathered for a ceremonial start to the 2021 legislative session.

Organization Day—the day when lawmakers are sworn in and leaders of each chamber share their expectations for the session—is typically a day without any policy discussions or major votes.

But on Tuesday, state Rep. Matt Pierce, D-Bloomington, introduced a proposal that would have required all representatives to wear masks while in the House chamber or any room or hallway “where official House business is being conducted.”

“We really ought to be leading by example,” Pierce said.

The Legislative Continuity Committee, which was tasked with determining how lawmakers could convene safely next year, voted against mandating masks during a meeting last week.

House Minority Leader Phil GiaQuinta said he then heard from members of his caucus who were concerned about their personal safety and the safety of others in the Statehouse if masks were only recommended, rather than required.

Pierce’s proposal said other House members would “determine whether a fine, censure or other penalty should be imposed” if a lawmaker refused to comply.

Two Republicans—state Rep. Curt Nisly of Milford and state Rep. John Jacob of Indianapolis—were seen without masks on Tuesday.

House Republicans, who are in the supermajority, opposed Pierce’s measure, and it died on a party-line vote.

Click here to see a gallery of photos from Organization Day at the Statehouse.

“It’s not going to take very much for this COVID to really move throughout the House and the Senate once it takes hold in the Statehouse, and then that means we’re going to be taking it back to our families,” Pierce said. “So, I’m disappointed we could not get the amendment passed.”

House Speaker Todd Huston said he didn’t see the proposal until about a half hour before the session started on Tuesday, and he did not think it was written well.

“That motion was not well thought out—and clearly written in a way that would have caused a lot of problems for a lot of members,” he said.

Huston said a “vast majority” of lawmakers wore masks and he will continue to encourage them to do so.

Other COVID-19-related protocols remain unclear or undecided, which House Democrats say they are also worried about. For example, neither chamber has a procedure in place for testing members or a plan for shutting down if too many members get sick or have to quarantine.

Neither Huston nor Senate President Pro Tem Rodric Bray have a threshold for if and when lawmakers would be temporarily sent home due to an outbreak.

“We’ll have to figure out what that looks like,” Huston said. “There obviously … is a threshold. We have to acknowledge there’s a threshold. I just don’t know kind of what it is.”

And neither chamber is planning to give lawmakers an opportunity to participate virtually if they contract the virus themselves or have to quarantine. Lawmakers would be able to watch proceedings from home, but would not be allowed to vote.

“I think that it’s pretty clear the leadership of the Republican party is very reluctant to make decisions, and I think they’re trying to balance out not upsetting their conservative base of support and some members of their caucus” Pierce said.

It’s also unclear if and when the public will be notified if a lawmaker tests positive.

“That’s not something that I am prepared to do, at least at this point,” Bray said. “We’ll continue to think about that.”

Huston said it will be up to lawmakers to decide whether they will publicly disclose their own illnesses—should they occur—but they would be expected to tell legislative leaders about their positive test so contact tracing can be conducted.

Huston and Bray said if a member tests positive, they will follow CDC guidelines for contact tracing. But that does not necessarily mean that all other lawmakers—including those in the opposite party—will be notified if a member tests positive.

Bray said officials have to balance the lawmaker’s privacy with the need to notify others if they have been exposed.

“We need to figure out how to get that right,” Bray said. “We’re probably still working on that and we’ll continue to try to fine tune it.”

State Rep. Robin Shackleford, D-Indianapolis, said she’s concerned that the current system relies so heavily on self-reporting, because if a lawmaker with the virus doesn’t say something, he or she could end up exposing staff and other lawmakers.

Shackleford told reporters in a virtual press conference that she found out on Tuesday that she had a close contact with someone who has tested positive—her sister, whom she had recently been on vacation with. Shackleford, who was wearing a mask, was in the same room as other lawmakers during the press conference.

“I should be quarantining,” Shackleford said. “I will leave the Statehouse and quarantine.”

She said she would be getting tested on Wednesday.

“We’re going to see this numerous times,” Shackleford said. “We’re going to be engaged with people that get tested positive, whether it’s a family or friend, and I don’t think we have any rules or policies in place on when people should be tested, when they have to come back and report that testing, [and] how that’s going to be regulated.”

Lawmakers are expected to return Jan. 4 for the start of the session.

“We’re certainly in a different Organization Day,” Huston said. “A day I don’t think any of us will forget.”

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25 thoughts on “Indiana lawmakers clash over COVID-19 protocols as 2021 session nears

  1. If legislators do not believe in masks, any Covid hospital treatment should be totally paid by that person if they become ill. Thei lack of concern for all should not work against the others. This is a crisis and if legislators are more concerned for politics, then let them suffer the consequences. Most of us are concerned not only for ourselves but for our fellow citizens!

    1. Yes, and I am sure if anyone makes poor choices or mistreats their body through unhealthy dietary choices, smoking or drinking then you would recommend the same? Insurance has been paid for and is in place to take care of treatment for many of our poor choices, please don’t push your life decisions on others or they may do the same.

    2. Does the State of Indiana legislative body have protocol in place for the annual flu, Hepatitis, pink eye, HIV/AIDS, measles, mumps. chickenpox, TB, Polio of Ebola?

      Asking for a friend.

    3. Agree James. I’m married to a physician who doesn’t have the luxury to decide if the unmasked are treated or not. Compassionate human beings in all political party are wearing a mask to protect their neighbors, those who’s health is compromised and to try and help our exhausted healthcare workers. It makes it very difficult for the Governor of any state to get the support of the general public when he/she doesn’t have the support of their lawmaking counterparts. We are in an unprecedented time of crisis and anyone, especially a lawmaker, who refuses to do their part to help their community should be ashamed. Knowingly and purposely putting other peoples lives at risk at this point should be considered criminal behavior.

    4. This squabble is ridiculous. Republicans saying masks should be a recommendation – this is not about politics – it is about safety! The science shows that wearing masks does work. We Americans love our individual liberties. That and our willingness to work hard and come together to solve difficult matters is what makes our democratic experiment work for these 244 years. State legislators follow the science and wear the masks. Stop being priggish and stupid and represent your constituents and lead by example. Partisan politics should have nothing to do with resolving this international pandemic. WEAR YOUR DAMN MASKS. Rob L .

  2. NOW WE KNOW WHY OUR STATE HAS BEEN UNABLE TO MITIGATE THE VIRUS AND WHY PANDEMIC IS GETTING WORSE IN OUR STATE. SORRY TO BE SO REPETITIOUS. HOWEVER, FOR SOME, REPETITION IS THE ONLY WAY FOR THE MESSAGE TO SINK IN.

    It is beyond belief that anyone in our local and State governments would allow this total disaster to continue unchecked. The State’s plan is too little and too late. The plan must be more aggressive and thorough. It is totally clear that the current administration does not have the internal medical expertise to make a decent plan to balance both health and the economy simultaneously. It appears that there is no group within our State that is willing to seriously confront the current administration to force it to make significant chances. Healthcare professionals, hospital systems, medical societies, etc. have been eerily silent.
    Even though I have written the following many times before, the basics remain the same. The citizens of our State have to get the message again and again and again, etc. (Remember how long it took to get people to wear seat belts!!!!!!!!!!! The same craziness against seat belts is being used to avoid masks. Many of the same mistakes were made during the 1918 pandemic as well. Too bad history seems to be avoided in our schools at all levels.)
    New record numbers every day!!!! How many citizens are we going to let get sick, and how many are going to let die? It really is as simple as that.
    However, let me try to understand the logic of the State response to the surging pandemic: Stage 5 is okay. Our focus, per Dr. Box, is to increase the amount of healthcare staff and healthcare capacity to take care of the increasing number of sick people. Oh by the way, please wear your mask, pretty please!! (I love it when the Health Commissioner, who recently got over COVID-19 episode, has only this to offer to curb the raging pandemic in our State.
    As I have said before our State needs outside expertise (e.g. Dr. Anthony Fauci) to tell us citizens the REAL status of our State’s current plan to mitigate the pandemic of our State. The current “experts” from State outside of government (e.g. IU) have done little more than to create a bunch of numbers that are totally not understood by the common lay person.
    There needs to a ground swell of outrage from the medical community (i.e. hospital, physicians, medical organizations, nursing organization, pharmacists, etc.) to force a change in how our State is handling the pandemic.
    The State has the money to finance, through the Care ACT, to fund a more comprehensive plan to provide all the necessary tools (PPE, testing, contact tracing, etc.) to get the situation under control.
    A responsible government would be able to balance the economy AND public health. Indiana appears not to be able to multitask. A responsible State government would be able to do both. (As a small business owner, I have lost at least 50% of my income for the year. I know the financial consequences of the pandemic. It took months as the beginning to obtain the necessary amount of PPE to keep my employees and customers safe. I have been able to keep the staff intact as well. However, one does not know what the future will bring)
    Hopefully, with the election over for the State, our local leaders will begin to multi-task. Frankly, I do not expect any progress. With the flu season beginning and with more indoor events, we need to expect that things are just going to get worse.
    Everyone for our State should realize that our current situation was avoidable. Letting things get worse by this State’s administration is UNCONSCIONABLE and INDEFENSIBLE.
    Everyone should re-watch the scene from “NETWORK” where Peter Finch gives a speech that still resonates today. Here is the YOUTUBE link:
    https://www.youtube.com/watch?v=ZwMVMbmQBug

  3. With all the protocols in play, social distancing, hand washing, face masks, etc. Most folks playing along and still cases on the rise. Exponentially if you want to believe the media. Perhaps we should accept the fact that this virus must run its course, effect who it may and those people still recover at a 99%+ rate. Let’s get back to normal and forgo this current ‘chicken little’ attitude

  4. So where were these Democrats during the rioting? During the looting? During the Biden fake victory party? Exactly!! Go hide out in the same motel in Illinois you ran off to years ago because you got your feelings hurt. While you’re there, something will get accomplished besides listening to this broken record.

  5. Apparently Republican legislators are not pro-life after all. I hope the media starts taking pictures and identifying every legislator who is not wearing a mask. They are not only endangering fellow legislators and staff but all employees in the State House-State Office Building complex, the state courts, and all members of the public who enter to conduct business. Then legislators will return to every corner of the state each weekend and meet with constituents, members of the media, fellow church members,etc. to spread the legislative virus state-wide.

    There are legislators and state employees who are cancer survivors, diabetics, organ transplant recipients, asthmatics, emphysema sufferers, heart disease victims, and who have any number of other health conditions themselves or in their households. Is any legislator’s unwillingess to wear a mask more important than someone’s life itself?

    There should be a mask mandate with a $1000 fine for each refusal to wear one. That would stop virus spread very quickly, save lives, and restore the economy – a win, win, win for everyone. Proceeds from the fines could help fund the food banks on which those unemployed due to the virus must depend.

    I’ll be looking for pictures of the legislators who risk others’ lives with their reckless behavior.

    1. “Only two of the more than 90 House lawmakers in attendance Tuesday refused to wear a mask – Rep. Curt Nisly (R-Milford) and Rep. John Jacob (R-Indianapolis).”

      Not sure what this means. Do what I say but not what I do? Do what I do but not what I say? I can’t speak out to help anyone else, but I will have my own back? I just developed a conscience after all? I’m scared of the President? I’m scared of the Governor? I’m scared of the voters who voted for me? I’m scared for my constituents? Very hard to tell.

      https://www.wfyi.org/news/articles/republicans-reject-indiana-house-mask-mandate

  6. PhillipT. Please move to New Mexico, or Oregon or Chicago or Philadelphia or Michigan or take your pick of just about anywhere. They are all doing such a wonder job of dealing with the pandemic

  7. Every major business has figured this out and at least put protocols in place to protect their employees, their families and communities. It doesn’t require medical expertise but it does require listening to medical experts. Ridiculous that our politicians can’t figure this out and provide the leadership to protect our state and, in particular, our healthcare workers.

  8. This is not a Republican or Democratic issue. Grow up … it’s a health issue. Stop politicizing and make decisions for the people of Indiana! Whining and stupidity doesn’t help. LEGISLATORS: WEAR YOUR MASKS!
    Seriously … stop acting like babies.

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