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County face covering mandate rescinded, repealed

County face-covering mandate rescinded, repealed

MANATEE COUNTY – The mandatory face-covering requirement in Manatee County is no longer in effect as of today.

Manatee County recommends, but no longer requires, face coverings to be worn inside businesses when proper social distancing cannot be maintained.

During today’s county commission meeting, commissioners voted 4-3 to repeal the face-covering mandate adopted by emergency resolution on July 27.

The commission then unanimously adopted a non-binding proclamation proposed by Commission Chair Betsy Benac that strongly encourages people to continue wearing face coverings on a voluntary basis.

After two full pages of supporting “whereas” clauses, the adopted proclamation says, “Be it proclaimed by the Board of County Commissioners of Manatee County, that in the best interest of the county and the furtherance of public health, safety and welfare of the county, the board strongly encourages individuals who cannot socially distance to wear face coverings and supports businesses displaying signs requiring face masks to be worn in business establishments to reduce the spread of COVID-19.”

Today’s action means the county no longer requires face coverings to be worn inside Bradenton Beach businesses. The county mandate applied in Bradenton Beach because the city commission has not adopted its own mask mandate.

When contacted this afternoon, Anna Maria Mayor Dan Murphy said the Anna Maria City Commission will vote on repealing its mask order next week and he plans to issue a separate emergency order pertaining to masks being worn on city property.

Resolution repealed

Commissioner Priscilla Trace made the motion to rescind and repeal the county’s face-covering resolution and commissioners Benac, Vanessa Baugh and Steve Jonsson supported her motion. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed rescinding and repealing the face-covering resolution.

These actions came in response to the Phase 3 reopening order, EO 20-244, that Gov. Ron DeSantis issued on Friday, Sept. 25. In addition to allowing restaurants and bars to operate at 100% capacity, DeSantis’ order suspended locally-imposed fines or penalties for violations of COVID-19 regulations or restrictions, including face-covering mandates.

Chief Assistant County Attorney Bill Clague addressed DeSantis’ order.

County face covering mandate rescinded, repealed
Chief Assistant County Attorney Bill Clague said the governor’s recent order rendered the county resolution unenforceable. – YouTube | Submitted

“His emergency orders basically supersede ours. Our face-coverings resolution imposes mandatory requirements to wear face-coverings and imposes fines on individuals who don’t comply. Under the executive order, that is no longer enforceable.”

Clague said the Manatee County School Board still retains the sole authority to determine whether face-coverings remain mandatory at public schools. Clague also said businesses and governments can still require face coverings inside their buildings and facilities.

Public comment

Palmetto Pastor Joel Tillis was among those who supported the repeal of the face-covering mandate. Tillis recently dropped a lawsuit he filed in opposition to the mandate. He dismissed his lawsuit after the face-covering resolution was amended in a manner that exempts houses of worship.

“I believe that you intended the best for our community. I believe you did what was best for the physical healing of our community at the time. Now, I am here asking you for the emotional healing of our community. This issue of the mask mandate has divided us. It has hurt us and caused our community to be filled with anger and confusion. I am asking you to begin to heal a divided county – because masks may help, but mandates have hurt. Trust your constituents to decide for themselves. It is not the mask, but the mandate, that has divided us,” Tillis said.

County resident Andra Griffin said, “I haven’t worn a mask before. I will not wear a mask going forward. I didn’t wear a mask coming in here. I refuse to wear a mask because it’s not your decision what I should be doing with my body.”

Joining the meeting by phone, Swordfish Grill General Manager Bob Slicker offered another perspective.

“I have 70 employees and I just want to thank the commission for the mask mandate,” he said.

Regarding some of the previous comments made, Slicker said, “You have the right not to wear a mask. Please don’t come to my restaurant. You need to wear a mask in my restaurant because we care about everybody.

“Scientific studies have shown that masks work. Not wearing a mask is not kind. Not wearing a mask is not patriotic. Our parents would wear masks. Past generations would wear masks. This is about taking care of people.

“Unfortunately, without the mandate, I have 16-year-old hostesses and 18- and-19-year-old servers that are harassed daily by people who don’t want to wear a mask. My business picked up because you passed that mandate and made it easier for us all to do our job. Thank you for following science and listening to business owners. Having a mandate really helps us,” Slicker said.

Joining by phone, school board member Charlie Kennedy encouraged the commission to continue the face-covering mandate or least continue to recommend face coverings.

“There’s a lot of peer pressure around masks. When a business owner has a customer come into their establishment, or a school principal has a parent walk onto their school campus, that person can just say I am mandated to do this because this is what my local government is telling me I have to do. It takes a lot of pressure off our community and I think it sends a signal that we believe in science, that we believe in data. The vast majority of us know that masks are a positive step in the direction of suppressing COVID,” Kennedy said.

Commission comments

“I agree. It’s not the wearing of masks but the mandate itself that was the issue,” Baugh said.

County face covering mandate rescinded, repealed
Commissioner Vanessa Baugh consistently opposed the county’s face-covering mandate. YouTube | Submitted

In response to Slicker’s comment, Baugh noted that she, too, is a small business owner.

“The majority of people wear a mask – and not because of the mandate, but because they know it’s the right thing to do. I don’t think the mandate really made a big difference. It’s really up to each individual business as to whether they want to enforce the wearing of masks or not,” Baugh said.

Whitmore then said, “I respectfully don’t agree. I know masks make a difference. I’m looking at this graph here from the Department of Health.”

She was referring to 60 new positive COVID-19 cases discovered in Manatee County on Saturday and reported on Sunday.

County face covering mandate rescinded, repealed
Commissioner Carol Whitmore opposed rescinding and repealing the face-covering mandate. – YouTube | Submitted

Benac was the only commissioner who voted to rescind the face-covering resolution after previously supporting it.

After Jonsson made the motion to adopt Benac’s proclamation, Benac said, “It was an extremely tough decision for me, but I wanted to make it clear that my position has not changed. Everybody is saying you need to keep wearing a mask to slow the transmission.”

County mask exemption formalized, lawsuit dropped

Church mask exemption formalized, lawsuit dropped

MANATEE COUNTY – Manatee County’s COVID-19 face-covering mandate has been formally amended to no longer apply to churches and other houses of worship, and a lawsuit challenging the mandate has been dropped.

On Aug. 25, the county commission unanimously supported exempting houses of worship from the original face-covering mandate enacted when commissioners adopted emergency resolution R-20-116 by a 4-3 vote on July 27.

The face-covering exemption took effect Aug. 25 but still had to be formalized by an amended county resolution. This occurred on Tuesday, Sept. 15, when Manatee County commissioners voted 6-1 in favor of adopting county resolution R-20-139.

Commissioner Misty Servia cast the only vote opposing the houses of worship exemption after Dr. Jennifer Bencie, Director of the Florida Department of Health in Manatee County, said there had recently been COVID-19 outbreaks at local churches.

“We have three churches that have individuals who are positive – and they’re not related, so there is an issue of concern there,” Bencie said by telephone.

“According to our epidemiologist who did the investigations, at three churches in the county in the last few weeks, there have been six, seven and eight cases in each of those churches. Some are family members and some are friends of those family members who only saw them at the church. So, for that reason, the epidemiologist believed the church is the common place where the virus was transmitted in these cases,” Bencie said.

Bencie did not name the churches.

“I knew about one, but I didn’t know about three churches,” Servia said.

County mask exemption formalized, lawsuit dropped
County Commissioner Misty Servia no longer supports the face-covering exemption for churches. – YouTube | Submitted

“I said at our last meeting, when the board voted to exempt houses of worship, I supported that motion with great trepidation – with the caveat that if we saw any outbreaks at houses of worship I would not continue to support it. So, I will not be supporting adoption of this resolution today,” Servia said.

“That’s concerning. I’m to continue to support this, but it gives me great pause that this continues to spread in churches,” Commission Chair Betsy Benac said. “I still believe that churches should mandate masks. We do know that masks help to slow the virus.”

Commissioner Carol Whitmore referenced the COVID-19 updates Bencie and Public Safety Director Jack Sauer provided earlier in the meeting when the commissioners were asked to extend the county’s local state of emergency for another seven days – an action that would also by default extend the county mask mandate.

Regarding the percentage of county residents who tested positive in recent weeks, Bencie said, “Over the last seven days the positive rate was 3.6%. The week prior it was 2.97%. We’re absolutely in the last three to four weeks seeing a change for the better and I believe it is because we are doing the preventative mitigative measures that are necessary, including masks and social distancing. Moving forward, I do believe it’s very important to keep the mask resolution in place.”

Regarding the houses of worship exemption, Whitmore said, “We have to start somewhere and I’m all about the information given to us today. Our numbers have been flat, the schools have opened. The churches don’t have to wear masks, but most responsible people in churches are still wearing them. I am right now going to support the resolution.”

Whitmore said she might reconsider her position if the overall percent positive rate that was slightly over 10% at that time climbs above 11% again.

The amended face-covering resolution states it is in the best interest of the county to amend the emergency resolution to exempt places of worship from the requirements for mandatory face coverings. The resolution still requires mandatory face coverings in business establishments as defined in the amended resolution.

“A ‘business establishment’ means a location with a roof overhead under which any business is conducted, goods are made or stored or processed or where services are rendered. The term ‘business establishment’ includes transportation network companies such as Uber and Lyft, vehicles operated for mass transit, taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire,” the amended resolution says.

“The term ‘business establishment’ includes locations where non-profit, governmental, and quasi-governmental entities facilitate public interactions and conduct business. The term ‘business establishment’ does not include places of worship. This emergency resolution shall remain in full force and effect for so long as the local state of emergency for the COVID-19 pandemic remains in effect,” the resolution says.

County mask exemption formalized, lawsuit dropped
The Manatee County face-covering mandate remains in effect in Bradenton Beach. – Joe Hendricks | Sun

The county face-covering mandate remains in effect in unincorporated areas of Manatee County, including Cortez, and in cities that have not enacted their own local mask/face- covering mandates, including Bradenton Beach. The county face-covering mandate does not apply in Anna Maria, Holmes Beach or Bradenton because those cities previously adopted their own face-covering or face-covering signage mandates.

Lawsuit dropped

Regarding the exemption for churches, Chief Assistant County Attorney Bill Clague noted Pastor Joel Tillis has dropped the lawsuit he filed against the county on Aug. 2 while being represented by attorney Anthony Sabatini, who also serves as a member of the Florida House of Representatives.

Tillis is the senior pastor at the Suncoast Baptist Church in Palmetto and the lawsuit Sabatini filed on Tillis’ behalf claimed the county’s face-covering resolution was unconstitutional because it violated the privacy, due process and religious freedom clauses in the Florida Constitution. The Manatee County lawsuit was similar to other lawsuits Sabatini filed elsewhere in Florida.

County mask exemption formalized, lawsuit dropped
Pastor Joel Tillis and State Rep. Anthony Sabatini announced their lawsuit at an Aug. 3 press conference. – Joe Hendricks | Sun

The original Manatee County face-covering resolution was based on a similar emergency resolution adopted in Leon County – a resolution that had already withstood a legal challenge from Sabatini and others.

Palmer said Tillis’ voluntary dismissal means the county prevailed in the lawsuit and is entitled to pursue from Tillis an approximate $2,300 reimbursement for legal costs the county incurred for court reporter services. None of the commissioners desired reimbursement from Tillis or the church, but Benac expressed her distaste for a state legislator filing lawsuits against a county government.

Benac said she heard Sabatini had been admonished by a judge in another county. Clague clarified that Sabatini was cautioned, not admonished, by a circuit court judge in Gadsden County.

“He urged him (Sabatini) to reflect upon whether or not having filed multiple lawsuits of the same nature in multiple jurisdictions might give rise to the argument he filed frivolous cases. But he did not rule he had filed a frivolous lawsuit in this case,” Clague said.

“This attorney, Mr. Sabatini, is a member of the Legislature, but he is acting in his capacity as a lawyer. He’s not representing the Florida Legislature. I don’t want it to seem like they’re suing us. They are not, but a member of the Legislature is engaging in these lawsuits,” Clague said.

Additional actions

During last week’s meeting, the commission voted 4-3 to extend the county’s local state of emergency for another seven days. The 4-3 vote occurred because extending the state of emergency would also automatically extend the face-covering mandate that commissioners Vanessa Baugh, Steve Jonsson and Priscilla Trace still oppose.

County Attorney Mickey Palmer explained the relationship between the two actions: “If the emergency resolution goes away, then the mask resolution immediately evaporates as well. The opposite is not true, but the mask/covering resolution is completely dependent on the emergency resolution.”

County mask exemption formalized, lawsuit dropped
County Commissioner Vanessa Baugh’s motion to entirely repeal the mask mandate fell one vote short. – YouTube | Submitted

The commission voted 4-3 in opposition to Commissioner Vanessa Baugh’s motion to repeal the county face-covering mandate entirely. But the commission unanimously supported Baugh’s subsequent motion to no longer automatically extend the face-covering resolution when extending the local state of emergency. In the future, extending the local state of emergency that provides access to state and federal funding and extending the county face-covering mandate will be handled as two separate actions that require two separate votes.

Related coverage:

 

Churches excluded from county’s face-covering mandate

 

Pastor and state representative challenge county mask mandate

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

Pastor and state representative challenge county mask mandate

Pastor and state representative challenge county mask mandate

BRADENTON – Representing Pastor Joel Tillis, attorney and state Rep. Anthony Sabatini (R-Clermont) announced this morning that a lawsuit has been filed challenging Manatee County’s mandatory face-covering resolution.

The lawsuit names Tillis as the plaintiff and Manatee County as the defendant. Tillis is the pastor of the Suncoast Baptist Church in Palmetto.

The lawsuit complaint was electronically filed late Sunday night in the 12th Judicial Circuit Court and publicly announced at 10 a.m. Monday morning during the Unmasking Liberty Rally held in front of the Manatee County Historic Courthouse.

Adopted by a 4-3 County Commission vote on July 27, the face-covering resolution states, “An individual in a business establishment must wear a face covering.”

The resolution provides several exceptions, including one for those who can maintain 6 feet or more of social distancing inside a business.

The resolution’s definition of “business establishment” includes places of worship.

Chief Assistant County Attorney Bill Clague told commissioners the resolution was based on the Leon County ordinance that has already withstood a court challenge.

Pastor and state representative challenge county mask mandate
County Commission candidate George Kruse attended Monday’s Unmasking Liberty Rally. – Joe Hendricks | Sun

The lawsuit seeks emergency injunctive relief and a declaratory judgment. The complaint claims the county resolution is unconstitutional because it violates the privacy, due process and religious freedom clauses in the Florida Constitution.

“Unless an injunction is issued, plaintiff will suffer irreparable harm because his constitutional rights are being violated. Plaintiff seeks declaratory judgment declaring that Resolution 20-116 is illegal and void,” the complaint says.

Lawsuit rally

During Monday’s rally, Sabatini and Tillis addressed approximately 100 mask-less supporters.

Tillis began with a prayer.

“We pray for those that are going through this suffering with COVID-19, but we also pray that your grace would be upon those of us that are suffering the ever-increasing loss of our freedoms,” he said.

Sabatini said, “The mask mandate is illegal because it infringes several parts of the Florida Constitution. We represent a church. Churches should be able to exercise their religion freely. If you want to wear a mask, wear a mask. There’s no controlled study or direct evidence that masks actually work in society.”

Pastor and state representative challenge county mask mandate
Many rally attendees expressed their views with homemade signs. – Joe Hendricks | Sun

Tillis said, “This is not an issue of right or left, Republican or Democrat. This is not even an issue of Trump or Biden. This is an issue of right and wrong.”

He then took exception to churches being defined as businesses.

“They associated the houses of worship somewhere between a Wal-Mart and a Taco Bell and that is unacceptable. We are not a business. And what we stand for is not just for the Christian faith. We stand for all faiths to have their liberty to be able to practice what they believe, apart from interference of the law. This mask resolution effectively interferes with our ability to worship. We also believe that it’s an end-run around rights that were already given to us by the governor. Early on, the governor said churches are essential and this resolution interferes with our essential work in the community. We cannot do our job as ministry under this resolution,” Tillis said.

Additional comments

After his remarks, Tillis was asked about his church services.

“It hasn’t impacted our church because we don’t accept the resolution. We conduct our church as we normally do. We stress that people use whatever precautions they feel necessary in accordance with the CDC guidelines, but we don’t mandate that they do,” Tillis said.

Pastor and state representative challenge county mask mandate
Service and church activities continue as normal at the Suncoast Baptist Church in Palmetto. – Google Maps | Submitted

Sabatini said he’s been involved with 14 mask-related lawsuits in Florida, including his unsuccessful legal challenge in Leon County.

“In my case, a trial court judge disagreed in Leon County. Another judge disagreed with another party similar to ours in Palm Beach County. But until this reaches the Florida Supreme Court there is no definitive law and we’re going to fight this all the way, legally and politically,” Sabatini said.

“When contacted Monday afternoon, County Attorney Mickey Palmer said, “As with all lawsuits against county government, the plaintiff can expect an aggressive defense from the Office of the County Attorney.”