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Democratic legislators call on leadership to enforce COVID rules following positive diagnosis of GOP delegate

MORGANTOWN – Following the weekend announcement that House of Delegates Government Organization chair Brandon Steele, R-Raleigh, was diagnosed with COVID, legislative Democratic leaders issued calls Monday for enforcement of COVID rules for all members and staff.

Those rules include wearing masks at all times during floor sessions and meetings. Members who don’t wish to wear masks are to sit in designated galleries during floor sessions or attend committee meetings remotely from their offices.

House Minority Leader Doug Skaff, D-Kanawha, opened Monday’s press conference on the topic.

“Our hearts and our prayers go out for our colleague,” he said. “COVID is still out there. COVID is real. … We can’t let our guards down.”

Skaff said they are also calling on Capitol Police to enforce the mask mandate in the hallways.

“Elected officials are not taking it seriously,” he said. “We need to be respectful of each other.”

Skaff said 86 of 100 delegates have been vaccinated. Senate Minority Leader Stephen Baldwin, D-Greenbrier, said 26 of 34 senators have been vaccinated. Some staff on both sides have not been vaccinated or have had only their first doses.

On-site COVID testing is being offered and contact tracing will be done, the legislators said.

Sen. Ron Stollings, D-Boone and a physician, said, “The anti-vax and anti-mask mentality is still alive and well in West Virginia and that saddens me. It’s unknown if the vaccines will handle some of the variants that are being seen, and only 15% of state residents had been fully vaccinated.

“We need to care for each other,” he said. “We don’t want a third spike.”

Asked about whether it would be prudent to suspend the session until more is known, Stollings said that is pending test results and contact tracing.

Some members wear mesh masks, and The Dominion Post asked about those.

Skaff said, “The mesh masks are a joke,” and those who wear them should be required to leave or sit in a gallery.

Stollings added that the mesh masks are not effective, “plus they are a mockery of science.”

Earlier in the session, the Senate adopted a resolution to allow those who have been exposed to COVID or are at a higher risk of developing serious complications to vote by proxy.

At the start of the floor session, President Craig Blair announced that Sens. Dave Sypolt, R-Preston, and Patrick Martin, R-Lewis, would be voting by proxy. Martin said previously that he would be voluntarily quarantining until he can be tested because he spent time with Steele last Thursday.

Sypolt said in a message exchange that he is doing the same. “It is required to wait five days after possible exposure before a sample can be accurately tested.” He said he has no indications of a COVID-19 infection.

Leaders respond

The Dominion Post asked the House speaker and the Senate president to respond to the Democrats’ call for enforcement of the rules.

The House spokeswoman said in an email exchange, “As with all House rules, if any member thinks they are not being followed, it’s up to that member to raise a point of order. It’s then up to the speaker to rule on that point of order – he or she does not raise them. I believe the question of whether or not a mask is appropriate falls under this guidance as well.”

She said that the side galleries are available for members who want extra space while wearing masks and, separately, members who wish to not wear a mask. “I don’t believe there is any way to force a member into a gallery.”

She said House leadership worked with Dr. Clay Marsh, the West Virginia DHHR and Dr. Ayne Amjad this weekend upon learning of the first member testing positive. “House leadership will continue to work with the appropriate health officials to ensure the session continues as safely as possible and would rely on their guidance should the session’s circumstances change.”

The Senate spokeswoman was awaiting a reply from the president but forwarded a copy of a joint letter the two leaders sent last week reminding members of the mask mandate. Until such time as the governor lifts the mandate, it says, “any individual refusing to comply with the Senate and House requirements may be removed from legislative areas by the House or Senate doorkeepers or the Capitol Police.”

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