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Churches excluded from county’s face covering resolution

Churches excluded from county’s face-covering mandate

MANATEE COUNTY – Churches and all other houses of worship are now excluded from the mandatory face-covering provisions included in a recent Manatee County resolution.

On Tuesday, Aug. 25, county commissioners voted 6-1 in favor of immediately excluding churches and places of worship from the face-covering mandates included in county resolution R-20-116, adopted on July 27.

County Commissioner Carol Whitmore made the motion to exempt houses of worship and to direct the county attorney’s office to present at the next commission meeting an amended resolution reflecting this change.

Whitmore said she made the motion because County Administrator Cherri Coryea and Public Safety Director Jake Sauer ensured the commission that the spread of the COVID-19 virus is currently flattening and declining in Manatee County.

Churches excluded from county’s face covering resolution
County Commissioner Carol Whitmore proposed the face-covering exclusion for churches. – Manatee County | Submitted

Although they supported Whitmore’s motion, commissioners Reggie Bellamy, Betsy Benac and Misty Servia expressed lingering public safety concerns about church congregations potentially contributing to the spread of the virus. Commissioner Vanessa Baugh said houses of worship should never have been included in the resolution.

Commissioner Steve Jonsson cast the only opposition vote. He said this was because of his general opposition to the original resolution, and not because he opposed excluding houses of worship.

In July, Whitmore, Benac, Bellamy and Servia supported the face-covering resolution and Baugh, Jonsson and Priscilla Trace opposed it.

“An individual in a business establishment must wear a face covering while in that business establishment,” the resolution says.

According to the original resolution, “The term ‘business establishment’ also includes places of worship.” The language referring to houses of worship is no longer valid and will be removed in the amended resolution.

The county resolution applies to the unincorporated areas of Manatee County, which includes Cortez. It also applies to the cities of Bradenton Beach and Palmetto, which have not adopted their own city-specific face-covering mandates. Face-covering mandates previously enacted in Anna Maria, Holmes Beach and Bradenton do not specifically reference houses of worship.

County Attorney Mickey Palmer and Chief Assistant County Attorney Bill Clague told the commission that removing the houses of worship reference does not diminish the county’s ability to defend the resolution being challenged in a lawsuit filed on Aug. 2 by Joel Tillis – Senior Pastor of the Suncoast Baptist Church in Palmetto – and State Rep. Anthony Sabatini. The lawsuit alleges the county resolution is unconstitutional because it violates the privacy, due process and religious freedom clauses in the Florida Constitution.

Tillis was among the religious leaders who attended Tuesday’s meeting and called for the houses of worship exclusion.

Churches excluded from county’s face covering resolution
Pastor Joel Tillis asked county commissioners to exclude houses of worship from the county’s face-covering mandate. – Manatee County | Submitted

“I do not call into question the intent of your mask resolution. But I do call into question the unintended consequences that have inflicted unnecessary difficulty and strain on one of this nation’s most sacred institutions: that is houses of worship. The resolution redefined houses of worship fundamentally to be no more sacred than a Walmart or Wendy’s. Surely you did not intend that,” Tillis said.

“The resolution is fundamentally unfair to houses of worship. One can reserve a table for 15 at The Cheesecake Factory and take off the masks for two hours to eat and drink, yet to do so in a house of God is to break the very resolution that you have passed. The people that I represent have, are, and will continue to defy what we believe is an unconstitutional and insensitive resolution. I humbly ask for you to provide an exemption for houses of worship,” Tillis said.

When contacted later in the week, Palmer was asked what impact the commission decision has on the still-pending lawsuit.

“We believe that the plaintiff’s lawsuit complaint is rendered moot as it relates to houses of worship. There are other aspects of the plaintiff’s complaint, however, that are unrelated to the houses of worship issue. As to the unrelated issues, those will presumably survive the mootness argument but may very well be disposed of in a forthcoming motion to dismiss,” Palmer said.

Related coverage

 

Pastor and state representative challenge county mask mandate

School district revises face covering policy and protocols

School district revises face covering policy

MANATEE COUNTY – The Manatee County School Board and School Superintendent Cynthia Saunders have revised the boards policy regarding cloth face coverings and plastic face shields for students, teachers and staff members.

The revised Board Policy 8450 and its operating protocols adopted during an emergency school board meeting Friday provide more flexibility as to when and where plastic face shields can be worn as an alternative to cloth face coverings.

When the new school year begins on Monday, many students will return to their school campuses for in-person learning. Some students will remain home and utilize online eLearning and others will use a hybrid learning method that includes both on-campus and at-home learning.

The revised policy and protocols recommended by Saunders now incorporate the guidelines included in the “Guidance for K-12 School Administrators on the Use of Cloth Face Coverings in Schools” issued by the CDC on Tuesday, Aug. 11. The latest CDC guidelines were not included in the policy and protocols school board members previously adopted on Tuesday.

“A face mask must always be worn on school property, facilities, including school buses and/or engaged in school activities in accordance with Board Policy 8450,” according to the revised policy.

“CDC recognizes that wearing face masks may not be possible in every situation or for some people. In some situations, wearing a face mask may exacerbate a physical or mental health condition, lead to a medical emergency or introduce significant safety concerns.

“Adaptations and alternatives should be considered whenever possible to increase the feasibility of wearing a face mask or to reduce the risk of COVID-19 spreading if it is not possible to wear one,” according to the revised protocols.

“Cloth face coverings should not be placed on:

  • Children younger than 2 years old.
  • Anyone who has trouble breathing or is unconscious.
  • Anyone who is incapacitated or otherwise unable to remove the cloth face covering without assistance.”

“Appropriate and consistent use of cloth face coverings may be challenging for some students, teachers, and staff, including:

  • Younger students, such as those in early elementary school.
  • Students, teachers, and staff with severe asthma or other breathing difficulties.
  • Students, teachers, and staff with special educational or healthcare needs, including intellectual and developmental disabilities, mental health conditions, and sensory concerns or tactile sensitivity,” according to the revised protocols.

“While cloth face coverings are strongly encouraged to reduce the spread of COVID-19, CDC recognizes there are specific instances when wearing a cloth face covering may not be feasible. In these instances, parents, guardians, caregivers, teachers, and school administrators should consider adaptations and alternatives whenever possible. They may need to consult with healthcare providers for advice about wearing cloth face coverings,” according to the revised protocols.

“Consider use of clear face coverings that cover the nose and wrap securely around the face by some teachers and staff. Clear face coverings should be determined not to cause any breathing difficulties or over heating for the wearer.
“Teachers and staff who may consider using clear face coverings include:

  • “Those who interact with students or staff who are deaf or hard of hearing, per the Individuals with Disabilities Education Act.
  • Teachers of young students learning to read.
  • Teachers and students in English as a second language classes.
  • Teachers of students with disabilities,” according to the revised protocols.

Policy revisions

“Clear face coverings are not face shields. CDC does not recommend use of face shields for normal everyday activities or as a substitute for cloth face coverings because of a lack of evidence of their effectiveness for source control. Therefore, considering the CDC guidance, the board will make the following allowances to Board Policy 8450:

“A. Students who need a break from their face mask, may do so with teacher permission provided social distancing can be maintained under specific outdoor circumstances (not indoor).

“B. Employees who need a break from wearing their face mask while on school property, may do so if alone in their own office or classroom or outdoors maintaining social distancing. An employee may not utilize common space, for example a conference room, break room, stairwell or any unoccupied location for a mask break. A cloth face mask must be worn during all other times and locations.

“C. While eating breakfast or lunch or while drinking water, no face covering is required while eating or drinking in designated areas as long as social distancing practices are in place.

“D. No face covering is required during physical education classes, recess, or other outdoor activities as long as social distancing practices are in place. Students must wear cloth face masks to and from physical education class and to and from the recess location or activity.

“E. Face shields that completely cover the face, wrap around the face and extend below the chin, will be allowed to be worn by students in Grades PreK-5 and students with disabilities only in the classroom during specific instructional periods as long as either social distancing practices are in place and/or physical barriers of separation are in place between students. A cloth face mask must be worn during all other times and locations. Face shields are not substitutes for cloth face masks nor are being used for normal everyday activities and only allowed in this narrow use.

“F. Face shields that completely cover the face, wrap around the face and extend below the chin, will be allowed to be worn by teachers in all grade levels only in the classroom during specific instructional periods as long as social distancing practices are in place between the teacher and the students. A cloth face mask must be worn after specific instruction has been given or when social distancing cannot be followed between teacher and student, and during all other times and locations. Face shields are not substitutes for cloth face masks nor are they being used for normal everyday activities and are only allowed in this narrow use,” according to the revised protocols.