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State order invalidates local mask ordinance

State order invalidates local mask ordinance

HOLMES BEACH – Commissioners may have extended the city’s mandatory mask ordinance until their first meeting in January, but Gov. Ron DeSantis has other plans.

DeSantis announced Sept. 25 that the state is immediately moving into “Phase 3” of COVID-19 pandemic recovery. The guidelines for that phase include making wearing masks and practicing social distancing voluntarily rather than mandatory. The announcement removed local municipalities’ ability to penalize anyone not wearing a mask when indoors in a public space or when unable to social distance in public, rendering the Holmes Beach mask ordinance unenforceable.

Holmes Beach Mayor Judy Titsworth said that city leaders are still recommending the use of masks and facial coverings when unable to social distance and while indoors.

“We will continue to ask and keep it on our signs,” Titsworth said in a message to The Sun.

She added that the governor’s move to enact Phase 3, specifically the removal of mask and social distancing guidelines, will negatively impact Anna Maria Island’s COVID-19 infection numbers, which have so far remained low. The Island has had 55 total reported cases of the novel coronavirus as of Sept. 27, according to the Florida Department of Health.

“This concerns me as I feel the mask and social distancing mandates made people feel comfortable to leave their homes and shop again,” Titsworth said.

The governor’s Phase 3 order not only did away with municipalities’ ability to penalize for not wearing masks, but it also allows businesses – including restaurants, bars, salons, gyms, theme parks, retail stores and others – to return to normal operations at full capacity with no restrictions.

The move to Phase 3 also allows for government meetings to resume in person. Since the beginning of the COVID-19 shutdowns, the city of Holmes Beach has held all of its commission meetings via teleconference. City planning commissioners held their first meeting since March on Sept. 9 in commission chambers with social distancing guidelines implemented during the meeting.

Titsworth said that it will be up to the city commission chair, Commissioner Jim Kihm, to determine when the city commission will return to in-person meetings. Government meetings are currently allowed to be held in Florida by teleconference under the governor’s declared state of emergency. Currently, the state of emergency is scheduled to expire Nov. 3.

Related coverage

 

Holmes Beach extends mask ordinance into 2021

 

Face masks/coverings required in Holmes Beach

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.

Bradenton Beach City Commission now recommends masks

BRADENTON BEACH – The Bradenton Beach City Commission now recommends, but does not require, that masks or face coverings be worn in Bradenton Beach.

The Bradenton Beach Commission engaged in its first public mask/face covering discussion during its weekly special emergency city commission meeting this morning.

During the meeting, Mayor John Chappie and Lt. John Cosby, from the Bradenton Beach Police Department, also expressed concerns about an ad that recently appeared in the Miami Herald encouraging people to come to Anna Maria Island.

Mask discussion

The mask discussion was inspired by public comments made by resident Connie Morrow.

“One of the things I’ve noticed is that the commission has not discussed wearing masks. I would appreciate it if the members of the commission would discuss the pros and cons of wearing masks – or putting out a strong recommendation for people to wear masks in Bradenton Beach, especially given the continued increase (in COVID-19 cases). I’d like to know what your thinking is,” Morrow said.

Vice Mayor Jake Spooner responded first.

“Thank you, Mrs. Morrow. I know it’s a touchy subject for some. It’s not for me. I would definitely do what you’re saying – that we highly recommend everyone wear a mask. I know there’s certain issues with enforcement and things along that line, and I’m sure everybody has their own opinions and views on it, but I highly recommend everyone visiting or living in the city of Bradenton Beach please wear a mask and please follow all CDC and WHO guidelines. That’s the best we have to try and get control of the situation,” Spooner said.

Commissioner Jan Vosburgh held a slightly different view.

“From what I see, everybody is wearing masks. I don’t see people not wearing masks at the Publix. I still feel we should go by the county and the state, whatever they recommend,” she said.

Mayor John Chappie spoke next.

“I agree with Connie. I like the idea of the strong message. I think the program the county is starting, ‘Mask Up Manatee,’ is sending out a strong message,” he said.

Chappie said the city should put out a similar message, and he and City Clerk Terri Sanclemente could put together a public service announcement along those lines. He also said the Mask Up signs, when received from the county, will be distributed to Bradenton Beach businesses.

Chappie also suggested placing a mask message banner at the entrance to the city, at the west end of the Cortez Bridge.

Chappie noted one-third of the city consists of county-owned beaches (and boat ramps) and that attracts a lot of visitors who drive in from Hillsborough County and Polk County.

“Anything we can do to try to get them to be personally responsible is important,” Chappie said.

Spooner said he likes the “Mask Up” catchphrase because it’s short and catchy.

Commissioner Marilyn Maro said she liked Morrow’s suggestion about issuing a city recommendation. Maro said she’s observed many people in Bradenton Beach wearing masks, but she’d like to see the vacation rental management companies provide their guests with a written message that encourages them to wear masks when they are out in public.

Commissioner Ralph Cole then shared his view on masks.

“I believe that there are certain situations that you should mask up, especially people that are more susceptible and have the underlying conditions,” he said. “Everybody that needs to wear a mask should wear a mask and protect yourself.”

Cole said he would like the public service announcement to encourage the proper disposal of disposable masks.

“Encourage people not to throw masks on the beach and on the ground, leaving a contaminated mask laying around. I’m finding several masks every day dug into the sand,” he said.

Chappie said he’s seen a lot of discarded masks lying around too.

Regarding the coronavirus and the city’s response, Cole said, “It’s out there. It’s something we’re going to have to live with. We should not go above what the CDC does, what the state recommends and the county.”

Lt. John Cosby, from the Bradenton Beach Police Department, said the city has three sandwich board signs that could be placed along Bridge Street with new inserts that encourage people to wear masks.

Bradenton Beach City Commission now recommends masks
Visitors to Bradenton Beach City Hall are required to wear masks or face coverings. – Joe Hendricks | Sun
Holmes Beach logo OLD

Face masks/coverings required in Holmes Beach

HOLMES BEACH – Beginning today anyone entering a restaurant or other business in Holmes Beach has to wear a face mask to help slow the spread of COVID-19, with a few exceptions.

If you are in a situation where you can’t social distance outside, maintaining a space of at least 6 feet from others not in your family or group, a face mask also is required.

And while police and code compliance officers will only be giving warnings over the weekend, beginning at 5 p.m. on Sunday, June 28, officers will give a warning followed by a $250 fine for a second offense and $500 for subsequent offenses.

Commissioners voted unanimously during an emergency meeting held virtually to adopt an emergency ordinance requiring people in the city to wear face masks inside businesses and when they can’t maintain proper social distancing outside. There’s an exception to the rule for people with a medical condition that prevents them from being able to safely wear a mask and for children under 2 years old.

While masks are required when entering a restaurant, they can be removed once patrons are seated to allow for eating and drinking.

The new rules don’t apply just to patrons, they also apply to workers at local businesses.

Everyone who is not exempt from the rule and is required to wear a mask should wear one that covers both the nose and mouth. It can be a surgical mask, homemade cloth mask, gaiter or bandana.

While police and code compliance officers will be able to issue warnings and tickets to individuals who are not compliant with the new mask regulations, Police Chief Bill Tokajer said the officers’ first priority is education about the mask requirements with enforcement by levying fines reserved as a last resort for people who refuse to abide by the mask regulations.

City Attorney Tom Thanus, sitting in for Patricia Petruff, said that the ordinance goes into effect as soon as it’s approved by commissioners and the mayor, however, it must be published before it becomes enforceable, leading to Sunday afternoon being the date enforcement can begin.

Commissioner Jim Kihm said he liked being able to give time to officers for the education of local business owners and residents before beginning enforcement of the ordinance.

Unless the ordinance is extended, it automatically expires in 61 days.

Tokajer said the city is printing up signs to be made available to business owners to place at the entrances of their businesses. He equated wearing a mask to the “no shirt, no shoes, no service” rule employed by many businesses. He added that anyone who receives a fine for not wearing a mask will be able to appeal the fine by appearing before the special magistrate.

Mayor Judy Titsworth said she’s spoken with Manatee County Commissioner Carol Whitmore, whom she said put her support behind the mask ordinance. On June 23 and again on June 24 Manatee County commissioners voted to leave the county mask requirements as a suggestion to wear a mask in public rather than a mandate.

Commissioners all expressed their thanks to city staff for getting the ordinance together so quickly and for their support for the requirement to wear masks.

“If wearing a mask would save a life, why would you not do it?” Commissioner Carol Soustek said, adding that the commissioners are charged with protecting residents.

Commissioner Kim Rash cited information from the Centers for Disease Control, Mayo Clinic and Cleveland Clinic that all recommended wearing masks over the nose and mouth to slow the spread of COVID-19 in addition to frequent handwashing and sanitization practices.

“My top priority is the safety of the people and residents of Holmes Beach,” he said, adding that the recent spike in COVID-19 cases in Manatee County was a cause for concern.

Some members of the public also spoke up during the meeting from both sides of the issue.

“I think this is way overdue,” said Richard Motzer, a retired paramedic. “You have to look at everyone, not just yourself.”

“I applaud this move,” Gale Tedhams said. “The data does show action needs to be taken.” She added that she and others she knows are making the decision to patronize businesses based on whether or not staff members are wearing masks.

“I think the mask thing is way overrated,” Richard Hosterman said. Vicki McIntyre said that she feels each person should be able to make their own decision regarding wearing masks. Maria DiMenna said that she also thinks it’s too much for the local government to try to control people’s actions.

“If people are that fearful, they need to stay home,” she said.

Commissioner Terry Schaefer said that while he is in favor of requiring masks in businesses and when social distancing isn’t an option, he said he’d received many comments on the issue, including some that threatened legal action against the city if a mask ordinance was enacted. Thanus addressed the issue, stating that he believes the ordinance is legally sound and would stand up to a test in court.

“If we all do it we’re protecting each other and can finally get this thing under control, at least in our community,” Commissioner Jim Kihm said, urging everyone to wear masks correctly and make sure to clean cloth masks or change disposable ones.

As of June 24, the city of Holmes Beach saw a jump in COVID-19 cases from one to five, with six cases in Bradenton Beach.

Related coverage

State health officer: ‘Wear your mask’

County commission has no plans to make masks mandatory

Spike in COVID-19 cases follows reopenings

WHO, CDC agree face masks vital to reduce COVID-19

The World Health Organization (WHO) has reversed its stance on face masks, now agreeing with the Centers for Disease Control and Prevention (CDC), saying masks should be worn in public to reduce the spread of COVID-19.

New information shows masks can provide “a barrier for potentially infectious droplets,” according to the organization, which previously said there was not enough evidence to say that healthy people should wear masks.

“In light of evolving evidence, the WHO advises that governments should encourage the general public to wear masks where there is widespread transmission and physical distancing is difficult, such as on public transport, in shops or in other confined or crowded environments,” WHO Director General Dr. Tedros Adhanom Ghebreyesus said Friday.

Choose the right mask fabric

 

The WHO recommends a minimum of three layers of non-stretch fabric for non-medical masks, constructed as follows:

– an innermost layer of cotton or cotton blends;

– an outermost layer of polypropylene, polyester or their blends, which may limit external contamination from penetration through to the wearer’s nose and mouth;

– a middle layer of synthetic non-woven material such as polypropylene or a cotton layer which may enhance filtration or retain droplets.

 

Source: World Health Organization

 

According to the CDC, a “significant portion of individuals with coronavirus” do not experience symptoms. As a result, these individuals can unknowingly spread the virus to those around them. Cloth face coverings can help prevent those who may have COVID-19 and not know it from spreading the virus, as well as keep healthy people from inhaling it.

The CDC continues to urge people to remain at home as much as possible and practice social distancing, remaining 6 feet away from all others to help prevent spread of COVID-19.

WHO and the CDC each have links showing the proper way to put on, wear and remove a face covering.

Additional prevention tips include:

  • Wash your hands often
  • Clean and disinfect frequently touched surfaces
  • Avoid nonessential travel

For general information on COVID-19 in Florida, visit Florida Health, email covid-19@flhealth.gov or call 866-779-6121.