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Tag: Manatee County face covering resolution

Face coverings remain mandatory in Bradenton Beach

Face coverings remain mandatory in Bradenton Beach

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

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resulted in the city essentially opting out of the county’s face-covering mandate because the city ordinance would have superseded it.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.

County face covering resolution remains in effect in Bradenton Beach
City Attorney Ricinda Perry has legal concerns regrading the county resolution. – Joe Hendricks | Sun

“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.”

County face covering resolution remains in effect in Bradenton Beach
Bradenton Beach Mayor John Chappie supported the proposed city ordinance. – Joe Hendricks | Sun

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

 

Bradenton Beach to opt out of county face covering resolution

Bradenton Beach may opt out of county face covering resolution

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The Bradenton Beach City Commission has directed City Attorney Ricinda Perry to draft an emergency face-covering sign ordinance that would allow the city to opt out of the Manatee County face-covering resolution now being challenged in court.

The commission issued this directive during this morning’s weekly emergency special city commission meeting. The emergency ordinance will be presented for commission approval during the commission’s regular meeting on Thursday, Aug. 6, which starts at 6 p.m.

Soon after the emergency meeting concluded, Perry emailed the mayor and commissioners copies of the emergency ordinance to be voted on Thursday.

Using the same language as the Bradenton ordinance, the Bradenton Beach ordinance says, “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 says, “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.”

Bradenton Beach to opt out of county face covering resolution
This face-covering sign can be downloaded at the city of Bradenton’s website. – City of Bradenton | Submitted

Using the same language as the Bradenton ordinance, the Bradenton Beach ordinance also says, “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.

Bradenton Beach to opt out of county face covering resolution
The city of Bradenton makes this downloadable sign available to business owners. – City of Bradenton | Submitted

According to Perry, the city ordinance would take effect Friday if adopted.

Under the county resolution – which states, “An individual in a business establishment must wear a face covering,” – Bradenton Beach business owners, employees and patrons are required to wear masks in businesses because the city has no official policy on the matter and the city lies within the county. However, if the city ordinance is adopted Thursday evening, the county resolution will not apply and masks will become optional within the Bradenton Beach city limits.

The county resolution provides exceptions for those who can maintain 6 feet or more of social distancing inside a business, for children under 6 years old and for those with breathing issues or pre-existing medical conditions.

A first offense of the county resolution warrants a written warning. The second offense could result in a $50 fine, with a $125 fine for a third offense and a $250 fine for subsequent offenses.

Commission discussion

Mayor John Chappie initiated Tuesday morning’s discussion about adopting an ordinance based on the Bradenton ordinance. He noted the county resolution is being challenged in court and he said he spoke with Perry on Monday about possibly opting out of the county requirements.

“Since we had no resolution on the record, we are automatically part of the umbrella resolution the county has adopted. I know a lot of people are really happy with the resolution the city of Bradenton has done, which has basically accomplished the same thing,” Chappie said.

He then asked Perry to share her thoughts.

“As far as the county resolution goes, I already had a number of legal concerns,” Perry said.

Perry said Chief Assistant County Attorney Bill Clague solicited insight from the city attorneys within Manatee County on Friday afternoon before the resolution was presented to county commissioners on Monday, July 27. The divided county commission then adopted the resolution by a 4-3 vote.

“I stated that I had objections with the fact that the county was usurping the authority of the city and acting as a charter county. We are not a charter county. The cities should not have been part of that process and it concerned me for future precedent,” Perry said.

“I also had concerns with due process in that particular resolution. The resolution itself did not provide for any appeal. The issue of due process is still outstanding in my mind. You need to be able to appeal a penalty that is filed against you and there’s just no mechanism to do that. That is a violation of your procedural due process in my opinion,” Perry said.

Perry said she reached out to Bradenton City Attorney Scott Rudacille and he provided her with a copy of Bradenton Emergency Ordinance 3067.

“As the mayor articulated, it gets you to the same place the county is, but it’s a document that’s not being challenged in court. If that challenge is successful, that resolution goes away and there is absolutely nothing on the books,” Perry said.

Bradenton Beach Police Lt. John Cosby mentioned a previous discussion he and Chappie had about the Bradenton ordinance.

“The discussion you and I had was that if we ever did choose to adopt an ordinance that would be the one to go with, because it does achieve every goal they’re trying to get to, but it does it in a more educational way and a friendlier way than what we’re currently doing,” Cosby said.

Commissioner Jake Spooner asked Perry to provide a quick summary of the differences between the county resolution and the Bradenton ordinance.

“The city of Bradenton’s mechanism for encouraging enforcement is much friendlier and it encourages compliance. It’s not a mandate to the citizenry to put masks on their face. It’s a mandate to the business community that any business must post a sign at their business location encouraging the use of masks. If you fail to post a sign you can be penalized, and that’s where it stops. It encourages compliance, with businesses being a partner in educating the public, as opposed to using police officers to go around and confront individuals in the public and fining them,” Perry said.

Related coverage:

 

Pastor and state representative challenge county mask mandate

 

County commission adopts mandatory mask resolution