Phoenix Passes Ordinance Requiring Masks In Public

PHOENIX, AZ —The Phoenix City Council has approved an ordinance requiring people wear masks outside their home. The ordinance, which passed with a 7-2 vote, comes as medical professionals warn of the outbreak's ongoing danger in the state: On Friday, Arizona recorded yet another record-high for daily increases in coronavirus cases.

During Friday's meeting, councilmembers supporting the measure pointed to mounting alarm from Arizona's medical community and hospital officials. Meanwhile, a growing body of evidence supports the wearing of masks — in conjunction with hand-washing and social distancing — as an effective way to reduce the spread of infection through mask-wearer's saliva.

Violators of the new Phoenix ordinance will not face criminal penalties. Instead, the ordinance is civil offense similar to parking ticket. It carries fine of up to $250.

"We want a ticket to be the rarest possible exception," City Manager Ed Zeurcher said during the meeting, explaining that the violators would be warned and given "an opportunity for compliance" before they'd face the possibility of being fined.

According to the text of the order, enforcement of the measure "shall therefore administered by first education and an opportunity for compliance, followed by a warning, and a civil citation, only if necessary."

But how the enforcement would play out in public led to several probing questions from councilmembers. District 8 council member Carlos Garcia, who voted to approve the measure, raised concerns about whether individuals stopped by police could be questioned about their immigration status or detained.

In response to the issue of enforcement, Phoenix Police Chief Jeri Williams acknowledged that the ordinance put officers "in a difficult position" and said she did not want to see incidents involving immigration officials. She said officers would only not be sent on patrol to seek out maskless pedestrians, though she added, "In egregious circumstances that include citation we will mandate a supervisor be present to do so."

"We're not going to be proactive in this," she continued, noting that officers would only respond to complaints for people and businesses flouting the mandate, and even then, the result would be a warning.

"We have a flyer prepared that talks about wearing a mask and who should wear it," Williams said. "We'll give them the flyer, turn around and walk away."

The ordinance, which goes into effect at 6 a.m. Saturday, applies to people aged six and up. The order states: "When they leave their home or place of residence [they] shall wear the face covering whenever they are within six feet of another person who is not a member of their family or household."

Exceptions to the mask order include:

• People with medical conditions, medical conditions, mental health conditions or
  developmental disabilities that fall within the CDC's guidelines for those who should not wear face coverings.
• Restaurant patrons while they're dining.
• People with religious beliefs that prevent face covering.
• People exercising outdoors (as long as social distancing can be maintained) or exercising with other people from the same household.
• Businesses and services "where it is not practical or feasible to wear a face covering, including when obtaining or rendering goods or services, such as the receipt of dental services or medical treatments."

The full order can be read here.