Las Cruces residents without masks show up at City Council meeting to speak out against mask mandate

LAS CRUCES, New Mexico -- A group of about a half dozen Las Cruces residents refused to show their vaccine cards or wear their masks at the first in-person city council meeting in fifteen months.

"When you find out that someone is unvaccinated, you cannot make the assumption that they are unsafe," said Tracy Hollister, who spoke for the group. "I think it's time that we trust our citizens, that they be free to participate in the government as I am now."

"Nowhere did we expect you to be vaccinated," said Mayor Ken Miyagishima. "We just say if you're not vaccinated or you're not willing to show us, then just wear a mask."

"It's really about protecting others," said Mayor Miyagishima.

"I am definitely thinking about others," Hollister said.

The group was allowed in to council chambers after security officials said they had medical exemptions.

“Because we are not out of the thick of it yet, there is an option," Councilwoman Johana Bencomo told ABC-7 about the requirement on Friday. "Provide that proof of vaccination and if you can’t or won’t, then continue to mask up.”

Bencomo was the lawmaker to push for the vaccination or mask requirement. After almost losing a family member to Covid-19, she wanted to prevent the spread of the virus at City Hall.

“If you are not vaccinated or don’t want to show that, it’s just a little sign of respect for your Las Cruces neighbor," Bencomo said.

However, the proof of vaccination is only required at City Hall - it is not required to remove masks in any other public building. On Friday, ABC-7 visited the Meerscheidt Recreation Center, the Las Cruces Regional Aquatic Center and Thomas Branigan Memorial Library. No city staffers were checking the vaccination cards of those not wearing their masks.

When asked why the city is not asking for proof of vaccination in any other public building, Mayor Ken Miyagishima said he thought Councilwoman Bencomo had a "fair request" to institute the policy in council chambers and at City Hall.

"It’s not like we’re saying, 'vaccinated only,'" the mayor told ABC-7. "That would be unfair.”

On Friday, he issued an emergency proclamation to enforce the new rule. It expires Tuesday, unless councilors decide to extend it on Monday.

Councilwoman Tessa Abeyta-Stuve applauded the choice to require masks for those not vaccinated at council meetings. She told ABC-7 she has a congenital heart condition. One of her children also has a medical condition that puts her at risk if she were to contract Covid-19.

“I want us to be as inclusive as possible when we return back to the office," said Councilwoman Abeyta-Stuve. "There are still members of our community that have not had the eligibility to get the vaccine.”

A city spokeswoman told ABC-7 that it is not a violation of HIPAA to ask residents for vaccine proof. She said HIPAA prevents healthcare providers from disclosing patient information and the city of las cruces is not a covered entity.

Also, she said city is not requiring anyone to disclose their health information. If they choose not to offer a vaccine card, they can wear a mask.