Mask Mandate Bringing Up To $1,000 Fine Voted Down By Aldermen

MANCHESTER, NH — At the Manchester Board of Mayor and Alderman meeting Monday, a spirited discussion was held about passing an ordinance requiring masks to be worn in the city of Manchester.

The proposed ordinance originally proposed brought enforcement measures which could have resulted in an up to a $1,000 fine.

The committee that reviewed the ordinance voted to bring the ordinance forward to the full board of aldermen with the fine eliminated from the proposal. Also, the revised proposed ordinance said enforcement would involve handing out a mask and educating a person violating the ordinance.

As the ordinance was discussed multiple members of the aldermanic committee said that they had received more phone calls and emails than anything that had ever been proposed. The majority of aldermen speaking pointed to rules already put in place at restaurants, and a large number of businesses. Other alderman pointed to the discussion that Manchester police and Manchester firefighters should not be using their time to enforce these rules.

Several aldermen discussed the Nashua ordinance. The Gate City has had a strict mask mandate for several months — but the COVID-19 positivity rate continues to be high.

A vote was taken on the mask ordinance and failed 5 to 8.

Aldermen Kevin Cavanaugh, Will Stewart, Pat Long, Tony Sapienza, and Dan O’Neil voted in favor. Opposed were Jim Roy, Ross Terrio, Mike Porter, Barbara Shaw, Bill Barry, Normand Gamache, Keith Hirschmann, and Joe Kelly Levasseur.

The board did approve a mask requirement for all city owned buildings, this ordinance was drafted by attorney Greg Muller of the city solicitor’s office. That vote was 9-4, with Cavanaugh, Stewart, Long, Sapienza, Terrio, Porter, Barry, Gamache, and O’Neil. Opposed were Roy, Shaw, Hirschmann, and Levasseur.

The ordinance, which passed requires face coverings for everyone in a city building when social distancing was not possible, is subject to certain exceptions. It falls under R.S.A. 41:11-a grants authority to the Board of Mayor and Aldermen to set rules governing the use of city property. When City Solicitor Emily Rice was asked about it having the ability to be enforced, “If you’re asking me if it has any teeth in it, in terms of enforcement, it does not.”

Before the meeting was held a group of about 20 people gathered outside City Hall voicing their opinion that masks should not be mandated.

The aldermanic meeting was held remotely and not at City Hall because of the decision made by Mayor Joyce Craig. Craig said the decision to move from an in-person meeting was done due to concerns for the health and safety of staff and others. She cited discussions with Dan O'Neil, the chairman of the board, police, and fire officials. Craig came under criticism from several alderman saying she moved the meeting remote so people would not be able to speak out against an ordinance she supported.

Several New Hampshire cities and towns have implemented mask requirements including Nashua, Concord, Portsmouth, Keene, Durham and Hanover.

©Jeffrey Hastings www.frameofmindphoto.com/news