BRADENTON BEACH – After a tie vote by the Bradenton Beach City Commission, face coverings remain mandatory inside Bradenton Beach businesses in accordance with Manatee County’s mandatory face-covering resolution.
Thursday evening, city commission members voted 2-2 on a proposed city ordinance that would have made face coverings optional but mandated that businesses post signs recommending face coverings.
The tie vote resulted in the proposed ordinance not being adopted, leaving the city still subject to the county face-covering resolution adopted by a 4-3 vote of the Manatee County Commission on July 27.
According to the county resolution, “An individual in a business establishment must wear a face covering.”
The county resolution includes exemptions for those who can maintain 6 feet or more of social distance inside a business, for children under 6 and for those with breathing issues or pre-existing medical conditions.
The county resolution does not apply in cities that adopted local face-covering mandates, including Anna Maria and Holmes Beach.
The county resolution is now being challenged in court by Pastor Joel Tillis and State Rep. Anthony Sabatini (R-Lake County).
The proposed Bradenton Beach emergency ordinance was modeled after the emergency ordinance adopted by the Bradenton City Council on July 15.
Bradenton Beach Mayor John Chappie and Commissioner Marilyn Maro supported the adoption of the proposed emergency city ordinance, which would have resulted in the city essentially opting out of the county’s face-covering mandate because the city ordinance would have superseded it.
Commissioners Jan Vosburgh and Jake Spooner opposed the city ordinance and chose instead to stay in line with the county resolution.
Commissioner Ralph Cole previously expressed opposition to the county resolution, but he was unable to attend Thursday’s meeting due to a family emergency.
Chappie was the only commission member who attended Thursday’s meeting in person. Maro, Spooner and Vosburgh participated remotely, as did City Attorney Ricinda Perry.
Proposed ordinance
Two days earlier, during the Tuesday, Aug. 4 emergency special commission meeting, the commission, minus Vosburgh, who was absent, directed Perry to draft an emergency ordinance modeled after the city of Bradenton’s emergency ordinance.
During Tuesday’s meeting, Perry said he had legal concerns about the county resolution and questioned its constitutionality.
Modeled after the Bradenton ordinance, the proposed Bradenton Beach ordinance presented Thursday evening said, “Each business establishment shall post a sign visible at each public point of entry, which sign shall either advise persons entering that face coverings are required or requested to be worn within the business establishment; or notify persons entering that the United States Center for Disease Control and Prevention recommends the wearing of face coverings in public, particularly where social distancing cannot be maintained.”
Perry inserted additional language that said, “Notice shall also be provided that states that individuals with a religious, physical or mental limitation preventing them from wearing a face covering are exempt.”
Using language contained in the Bradenton ordinance, the proposed ordinance said, “The legislative intent of this ordinance is to educate and encourage members of the public to wear face coverings within enclosed business establishments. Nothing contained herein shall be construed to mandate the wearing of face coverings nor require the owner or operator of any business establishment to mandate or otherwise enforce the wearing of face coverings.”
Commission discussion
“Its purpose and intent is to do the least intrusive means that has not been legally challenged,” Perry said of the proposed ordinance.
She noted the Manatee County Sheriff’s Office and the local law enforcement agencies are responsible for enforcing the county resolution.
“The Bradenton ordinance takes that onus off the police officer and places it on those who are engaging in business. They need to be the ones who are policing the masks. It’s a bit of a friendlier approach towards the mask policy, as opposed to the Manatee County mandate,” Perry said.
“It’s mandating that businesses place mask notices on all of their locations, but it allows the business owner to decide whether or not they want to make that a mandate of their store or not,” Perry clarified in response to a question posed during public input.
Vosburgh referenced the 4-1 commission consensus reached during the commission’s emergency meeting on July 28. With Cole in opposition, the majority consensus reached that day was to not take any action and remain under the umbrella of the county resolution.
“Frankly, I was very surprised we put this on the agenda because we just voted on this a week ago. With what’s going on in Bradenton Beach, I reluctantly have to vote again to go along with the county,” Vosburgh said.
Spooner asked Lt. John Cosby if the city’s police officers had encountered any problems or confrontations since the county resolution took effect.
“No, we haven’t had any reported problems up to this point,” Cosby replied.
“I’d like to just stay in line with the county if there hasn’t been any problems with enforcement,” Spooner said. “I don’t want to have the businesses and their employees get in confrontations with people. Right now, it’s real easy for the employees to say, ‘It’s the law,’ and that kind of ends any confrontation.”
Chappie then made his motion to adopt the proposed city ordinance. After the tie vote occurred, Perry said the commission could continue the matter until next week, when Cole would be present to serve as the tie-breaker. Chappie made that motion and Maro seconded it, but Vosburgh and Spooner opposed the continuation and the motion failed as the result of another 2-2 vote.
The county resolution can be viewed and downloaded at the county website.
Related coverage:
Bradenton Beach may opt out of county face covering resolution
Pastor and state representative challenge county mask mandate
County commission adopts mandatory mask resolution
