pTownof = Office of the Mayor NORTH CAROLINA August 26,2021 Re: Proposed Mecklenburg County Board of Health rule dated August 18¢h, 2021 (Chairman Dunlap: ‘The CDC guidelines and state health rules do not currently require all citizens to wear fave coverings ‘while indoors. local board of health may only adopt a “more stringent” health rule in an area regulated by the North Carolina Commission for Public Health where, in the opinion ofthe local board of health, a more stringent rule is required to protect the public health; otherwise, the rules of the Commission for Public Health shall prevail! This standard requires thatthe local board of health clearly anticalte, with specificity, the particular circumstances warranting a stricter public health standard inthe community than 2s applied in other communities within te state." ‘The health mule proposed by Mecklenburg County Board of Health on August 18th, 2021 includes various pereentages regarding the rise in positive COVID-19 cases within Mecklenburg County, but does not include the source ofthe data. Nor does the proposed rule include any comparative data ‘rom other North Carolina communities sufficient to suppor finding that a more stringent health rule is necessary within Mecklenburg County as compared to other jurisdictions within the sat. Lacking such justification, proposed rules are not legally permissibie and are preempted by the state regulations? Secondly te North Carolina Court of Appeals set forth a five-part tes, often referred to as the Peedin wes, 10 determine the validity of rules promulgated by local boards of health.* Specifically, rules proposed by local boards of health must Be related to the promotion or protection of health, ‘Be reasonable in light ofthe heath risk addressed, Not violate any law or constitutional provision, Not be diseriminatory, and [Not make distinctions based upon policy concerns traditionally reserved for legislative bod "N.C. Gon, St. 1304-390), Curenly, sat rls do not require Fee coverings wile indoors 2 See Chg, Oy of Chat, 256 N.C. 40, 51-52 2003), 2 [Loc bouds of heath have no autor aner the provision of NIC.GS, §150839() to superimpose aonl regultions winou speci reasons cel ppb to nal health nes” Gay ot Ream Rapids v. Ped, 124 NC. App. 578 (196) 101 Huntersville-Concord Rd * PO Box 664 * Huntersville, NC 28070 Phone (304) 875-6541 » Fax (704) 948-6020 © Website www.huntersville.org,‘The Town of Huntersville understands thatthe proposed health rule, which will require that face coverings be worn indoors by both vaccinated and unvaccinated citizens until certain criteria are ‘met, will gointo effect on August 31st, 2021. However, | respectfully ask that, for wanspareney ‘purposes, you provide rationale describing how the rule meets the requirements oF N.C.GS, § 130A- '39(b) and the Peedin estas described above. /) jncerely,) /ff) WL) tO ‘John Aneralla on Mayor, Town of Huntersville