The Douglas County Board of Commissioners voted 2-1 to end enforcement of the statewide mask mandate across the county Tuesday afternoon.

Supervisors Abe Laydon and George Teal voted in favor of the resolution, while Lora Thomas voted against.

“The pandemic is over. It’s time for us to end this conversation around irrational mandates,” said Laydon during the meeting.

Gov. Jared Polis recently extended the mask mandate an additional 30 days through June 2.

David Copel, a law professor at the University of Denver who specializes in the state’s constitution, said the resolution does not have power over Polis’ order.

Prior to Tuesday’s vote, Commissioner Thomas, who represents the county’s third district, echoed Copel and stated the board has been told for 15 months “there is no way to override a governor public health order” and that Tuesday’s vote to encourage residents to oppose one could bring repercussions.

“While I do not support our citizens being forced to wear masks and being forced to make decisions that are not good for them, I do not believe it is good government for us to attempt to tell our citizens that they do not need to follow a governor order,” Thomas said. “What I know is going to happen is there is going to be even more confusion in Douglas County about when someone needs to wear a mask and when someone doesn’t need to wear a mask.”

Thomas asked her colleagues to postpone the vote so they can gather residents, business owners, county employees, health officials and more to collaborate together.

Throughout the meeting Thomas cited several letters and calls she received from employees, health officials and one business owner that were worried about the vote. 

Laydon acknowledged Thomas’ concerns, but said he views the motion differently and believes it gives freedom back to the residents of Douglas County. 

“What we’re saying in this resolution is you’re free as an adult to make a decision for yourself whether to mask, for yourself whether to get a vaccine, for yourself whether to patronize a restaurant or spend time with friends,” Laydon said. “Freedom is an important fundamental right that I will continue to uphold for our citizens not just because they demand that of me, but because it’s a God given right that I have no ability to take away, neither does the governor.”

Copel strongly encourages local businesses who are governed by the state government like a liquor store or restaurant to comply with the statewide mandate.

“It would be more prudent to comply with what the state says even though the county isn’t enforcing it,” Copel said. 

Prior to the vote, two county residents addressed the board via WebEx to protest the resolutions, despite them both acknowledging they already know the outcome. 

Robert Marshall of Highlands Ranch said Tuesday’s vote is just “political theater.”

“If you are very sure of your position that this mask mandate is unconstitutional, you’d put your money where your mouth is and sue the state and ask for an injunction,” Marshall said during the public comment session. “Otherwise, you’re just stirring the pot and getting people upset about something they shouldn’t be upset about.”

Despite pushback from the constituents and their colleague, Laydon and Teal voted to pass the resolution and cited the declining number of positive cases, hospital capacity, deaths, and “skyrocketing” number of residents being vaccinated.

“People who want the vaccine can get a vaccine,” Teal said. “I think it’s time we take this stand, it’s time to stand up.”

Earlier in the day, Polis acknowledge the vote and voiced his support against it. 

“We have a lot more individual responsibility and we respect freedom as a value a lot more than the CDC guidelines, but we encourage people to follow those CDC guidelines,” Polis said.

But after Tuesday’s vote, Laydon said he believes the county and hopefully the country will be headed back in the “right direction.”

“I think the arc of freedom is trending in the right direction,” he said.