Hillsborough Officials Reconsider Impact Of Face Mask Order

HILLSBOROUGH COUNTY, FL — A week after enacting a mandatory face mask order for the county, the Hillsborough County Emergency Policy Group is making some changes after complaints from residents and businesses about its impact.

Following a 3 1/2-hour meeting that included testimony from Hillsborough County hospital officials and experts at the University of South Florida Morsani College of Medicine, the EPG voted 5-3 on June 22 to mandate the wearing of face masks in restaurants, grocery stores, pharmacies, retail stores and other businesses throughout the county where customers and employees are in close contact.

Hillsborough County Sheriff Chad Chronister, Plant City Mayor Rick Lott and Hillsborough County School Board chairwoman Melissa Snively voted against the measure.

However, after receiving hundreds of emails from businesses and residents, the EPG is now making some adjustments to the controversial order.

Among them, the EPG has asked Hillsborough County Attorney Christine Beck to return with revised language that would remove the criminal penalties for businesses if they make every effort to get customers to comply with the ordinance.

To avoid putting the enforcement responsibilities on the county's police departments and sheriff's office, the original mask order holds businesses responsible for enforcement. Businesses that don't enforce the ordinance could receive a second-degree misdemeanor, which could carry up to six months in jail and a $500 fine.

"This impacts thousands of businesses in the community," said EPG member Melissa Snively, chairwoman of the Hillsborough County School Board. "Business owners are worrried about being held criminally liable for someone who walks into their business without a mask. It puts undue strain on them at a time when businesses are trying to recover and reestablish their businesses."

She gave the example of a 17-year-old store clerk having to confront two burly men who refuse to wear masks, saying it isn't fair to blame the business for customers who flagrantly ignore the order.

Courtesy Hillsborough County government

Acting Temple Terrace Mayor Andy Ross agreed, saying a business owner shouldn't be penalized if he makes every effort to get customers to comply and they refuse. He suggested changing the language of the order to require that the business owner place signs at entrances mandating the use of face masks, make periodic announcements to that effect, have all employees wear mask and make a reasonable effort at getting customers to comply.

Then, if a customer continues to refuse and doesn't have a legitimate medical excuse for not wearing a mask, the business owner can refuse service.

"Our first stab (at the mask order) may not have been sufficient but I can't see going back and placing the responsibility on police," said Ross.

Beck said her office has been looking into other enforcement avenues including making refusal to wear a mask a civil offense as was done in Pinellas County so the county can use code enforcement officials to help enforce the order.

"We want some teeth in it so people have the desire to comply but not so much that we criminalize a business," Plant City Mayor Rick Lott said. "Business owners say the people who refuse to wear masks should be the ones fined, not the businesses that are doing their best to follow the rules."

The order provides exceptions for anyone with a mental or health condition that prohibits them from using a mask. County Commissioner Kimberly Overman said, while businesses can't force a customer to prove a medical condition, she doubts that many people will use that as a legitimate excuse because their condition would make them susceptible to the coronavirus so they'd tend to stay out of public places.

"Those refusing to wear mask are possibly fraulently pushing the rules and putting a business at risk," she said.

Since the mask order went into effect June 24, the sheriff's office has received about three calls per day from businesses about customers flaunting or ignoring the rules. There's been two to three times that number of calls from customers complaining that other customers are in a business without a mask.

Overall, said Overman, there's been a major increase in the use of masks since approving the order, so the EPG is achieving its ultimate goal.

Nevertheless, said Hillsborough County Commission chairman Les Miller, there has to be penalties or people won't comply.

"We've had 6,362 positive (coronavirus) cases in the last 13 days. Without penalties, we're talking about a glorified recommendation," he said. "We all know we're going to hear from people who say they aren't going to wear a mask. It's going to happen. But somebody has to put the onus on the people to wear masks. We're talking about saving lives."

Beck will present a revised order for the EPG to consider at its meeting on Monday. In the meantime, the EPG made a few other adjustments to the ordinance including raising the age limit of children excused from wearing masks to 8 years old.

This was in response to complaints from harried parents who are having trouble getting their young children to understand the need for the masks and remove them when the parents aren't watching.

The original order also provided exceptions for nonprofit groups. EPG members, however, noted that many nonprofit groups have resale stores and other enterprises to raise funds that involve contact with the public. As a result, the EPG asked Beck to amend the ordinance to include Goodwill, the Salvation Army and other nonprofits that have resale store locations.

Finally, the EPG agreed to make masks options for children age 18 and under participating in organized youth sports, in child care programs and attending summer camps.

The Hillsborough County Emergency Policy Group is made up of three county commissioners, the mayors from the cities of Plant City, Tampa and Temple Terrace, the sheriff and the chairman of the school board. The EPG has the authority to make ordered during declared emergencies like the coronavirus pandemic.

The next EPG meeting is scheduled Thursday, July 2 at 1:30 p.m.

See related stories:

• Hillsborough Mandatory Mask Order Effective At 5 p.m. Wednesday
• COVID-19 Recovery Assistance Available For Small Businesses
• Face Masks Mandatory In Tampa Starting At 5 p.m. Friday