County Commission adopts mandatory mask resolution
UPDATED July 27 at 11:15 p.m. – MANATEE COUNTY – Manatee County now has a mandatory face-covering resolution in place.
On Monday, county commissioners voted 4-3 in favor of adopting and implementing a county resolution that makes face coverings mandatory inside many business establishments and allows for certain exceptions. The face-covering resolution does not apply to outdoor spaces.
Commissioners Reggie Bellamy, Betsy Benac, Misty Servia and Carol Whitmore supported the face-covering resolution. Commissioners Vanessa Baugh, Steve Jonsson and Priscilla Trace opposed it.
The resolution was adopted during the special county commission meeting at the Bradenton Area Convention Center in Palmetto. Monday’s actions were preceded by a similar 4-3 vote on Wednesday, July 22, when the commission majority requested a face-covering resolution be presented at Monday’s meeting, with a more formal and time-consuming face-covering ordinance to follow.
However, after adopting the resolution, the commission voted unanimously to not pursue a face-covering ordinance at this time. Chief Assistant County Attorney Bill Clague said an ordinance that carries greater legal weight could be pursued later if the resolution is challenged in court.
At the recommendation of Clague, the Manatee County resolution is based on the Leon County mask ordinance that recently withstood a court challenge. During Monday’s meeting, Clague said mask mandates in Palm Beach County and Alachua County have also withstood legal challenges.
Dr. Jennifer Bencie and Dr. Edwin Hernandez, of the Manatee County Health Department, addressed the commission and expressed support for a countywide mask mandate.
“If everybody wore a mask it would greatly reduce that potential spread in all of these settings we’ve talked about today,” Bencie said.
After nearly five hours of discussion and public input, Commission Chair Betsy Benac said, “We should not have to mandate this, but the reality is we do have to mandate it because people are not wearing masks. It is about public safety.”
The resolution
As adopted, Resolution R-20-116 states: “It is in the best interest of the county, and furthers the public health, safety and welfare of the county, to require the wearing of face coverings and the displaying of signs in business establishments to reduce the spread of COVID-19.”
According to the resolution, “An individual in a business establishment must wear a face covering while in that business establishment.”
The requirements do not apply to:
- Situations in which individuals maintain 6 feet or more of distance between persons. This exception does not apply to employees who are present in the kitchen or other food and beverage preparation areas of a business establishment. Nor does it apply to employees serving food or beverages.
- Children under the age of 6.
- People who have trouble breathing due to a chronic pre-existing condition or individuals with a documented or demonstrable medical problem.
- Public safety, fire, and other life safety and health care personnel who are already governed by their respective agencies.
- Restaurant and bar patrons while eating or drinking. Face coverings must be worn when entering and exiting the establishment and while otherwise standing within 6 feet of other patrons.
- Individuals inside a lodging establishment, including hotel and motel rooms, vacation rentals and timeshares.
“Every business establishment shall display conspicuous signage notifying all persons of the requirement to wear a face covering,” the resolution says.
According to the resolution, the term “business establishment” includes transportation companies such as Uber and Lyft and also applies to mass transit, taxis, limousines, rental cars and other passenger vehicles for hire. It also includes locations where non-profit, governmental and quasi-governmental entities facilitate public interactions and conduct business, and to places of worship.
The resolution defines face coverings as “A material that covers the nose and mouth and that fits snugly against the sides of the face so there are no gaps. It can be made of a variety of materials, such as cotton, silk or linen. Coverings with materials made of multiple layers are highly encouraged. A cloth face covering may be factory-made or sewn by hand or the cloth face covering can be improvised from household items.”
Clague said plastic face shields are not included because the CDC does not recommend face shields as substitutes for cloth face coverings.
Enforcement and applicability
According to the adopted resolution, a face-covering violation would be a noncriminal infraction that does not authorize the search or arrest of an individual. At the request of the commission, the revised resolution states the first offense of the mask resolution will result in a warning. A second offense could result in a citation that carries a $50 fine, with a $125 fine for a third offense and $250 for each subsequent offense.
“This emergency resolution shall apply countywide within both unincorporated and incorporated areas, provided that any municipal resolution or ordinance addressing the issue of face coverings – either more restrictively or less restrictively – shall supersede this emergency resolution within the applicable incorporated area,” the resolution states.
Clague said the county resolution does not supercede local mask mandates adopted by city governments.
The cities of Anna Maria and Holmes Beach already have emergency mask ordinances in place.
The city of Bradenton Beach recommends masks but, as of Monday, did not have a formal mask policy in place. Pending future action by the Bradenton Beach City Commission, the county resolution applies to Bradenton Beach businesses and patrons.
“This emergency resolution shall take effect immediately upon its adoption. 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 states.
Public input
Dr. Cassandra Hafner was one of several physicians who provided public comment in support of a mask mandate.
“Our hospitals are full. Our ICU units are full. We have no Remdesivir. Things are dire in the hospital,” she said.
Emergency room physician Dr. Alicia Rech expressed similar concerns about the lack of local ICU beds.
She then said, “I feel that is a small sacrifice to make to wear a mask to protect other people. I’m afraid to kiss my husband and my kids. It’s terrifying. I’m scared when I see people without masks because I don’t want them to spread it to me.”
Ellenton resident Gary Guerin was one of many who spoke in opposition to a mask mandate.
“It’s not about the masks, it’s about the mandate. This is our freedom you’re talking about here. The word mandate should scare you. How dare you even think about mandating something like this. This is not the way to go,” he said.
Election concerns
During Wednesday’s meeting, Manatee County Supervisor of Elections Mike Bennett pleaded with the commission to enact a mask mandate before the county elections in August.
Bennett said due to the COVID-19 pandemic, he’s already reduced the number of voting precincts for the August elections from 70 to 60, and he’s prepared to go to 55 if needed.
“We’re having such a hard time getting clerks and poll workers for the elections. I have lost close to 50% of the clerks for the elections in Manatee County who are refusing to come because Manatee County doesn’t have an ordinance to make it safe for them. If you want a good election, let’s not suppress the vote. Give me all the help I need,” Bennett said.
