ANNA MARIA – Mayor Dan Murphy issued two new emergency orders today regarding COVID-19 and face coverings.
One order serves notice that an individual who refuses to wear a face mask or face covering inside a business or at a special event can be cited for trespassing on that property. Another order makes masks or face coverings mandatory in or at certain city properties.
Order #86 includes the title: “Granting businesses and special events the right to require face mask use and with trespass enforcement for non-compliance.”
The order notes it was issued pursuant to the authority Murphy has as the mayor of Anna Maria.
The order took effect the same day.
“I hereby declare that every business or special event held in the city of Anna Maria may, at the business’s or special event designee’s discretion, require the wearing of a facemask as a condition of being in/at the business’s or special event premises,” Order #86 says.
Murphy issued the order one week after Gov. Ron DeSantis issued an executive order, EO 20-244, that now prohibits local governments from fining or otherwise penalizing an individual who violates a local COVID-19 mandate or order – including those pertaining to masks and face coverings.
Murphy’s order provides for an alternate means of enforcement in the wake of DeSantis’ order.
“At the request of a business/special event representative or designee, a law enforcement officer of the city of Anna Maria may trespass a person who refuses to wear a face mask at that business/special event premises and enforce that trespass order as to complaining business/special event,” Order #86 says.
“This order shall be reviewed by the undersigned to determine whether it is needed to protect the health, safety and welfare of the citizens of Anna Maria no less often than once every seven days, if deemed to be still needed, shall be extended for additional periods of no more than seven days at a time,” the order says.
Second order requires masks
On Wednesday, Sept. 30, Murphy issued order #85, which includes the title, “Requiring face mask use and social distancing at certain city facilities.”
The order took effect the following day.
“In a further effort to reduce the potential spread of the deadly COVID-19, I hereby declare that every person, when in the following city locations – Anna Maria City Hall, City Hall Annex, City Pier Park – during a city-sponsored event, such as the farmers market, shall properly wear a face covering and maintain social distancing from other persons, excluding family members or companions,” Order #85 says.
The order makes no reference to the new City Pier across the street from City Pier Park.
According to Order #85, facial coverings are not required at city facilities for persons under the age of 2 years old, persons for whom a face covering would cause impairment due to an existing health condition, persons working in a city location who do not have interactions with other persons and persons working in a city location when all interactions with others is done with social distancing as recommended by the CDC.”
Regarding enforcement, Order #85 says, “Persons violating this order shall be subject to removal from the city location.”
The order notes it shall be reviewed and renewed or allowed to expire every seven days.
Murphy issued Order #85 one day after Manatee County commissioners repealed the county face-covering mandate that did not apply in Anna Maria because the mayor issued an emergency order in late June that required face masks inside many Anna Maria businesses.
The city’s mask order carried a $50 fine until DeSantis issued his Phase 3 reopening order on Friday, Sept. 25 – an order Murphy said rendered the city’s original face-covering order unenforceable.
