Montclair Council OKs Indoor Mask Mandate, Cites Omicron Spread

MONTCLAIR, NJ — Montclair is rolling out a month-long indoor mask mandate, partly due to the rapidly spreading omicron variant of the coronavirus.

During their meeting on Tuesday, the Montclair Town Council passed a resolution that will last for 30 days, effective immediately (watch the video below).

All local businesses and venues located that are open to the public must require both staff and customers/visitors to wear face coverings over their nose and mouth while they’re inside the establishment and within six feet of other people.

There are some exemptions to the mask mandate, officials noted:

• Children under 2-years-old
• A person with a disability who cannot wear a face covering, or who cannot safely wear a face covering for reasons related to the disability
• A person for whom wearing a mask “would create a risk to the person related to their work,” as determined by local, state or federal regulators/workplace safety guidance
• A person who is eating or drinking inside any establishment that serves food or beverages

According to the resolution, the mask mandate also doesn’t apply to certain gatherings, including religious services and political activities, which are “constitutionally protected activities.” The resolution notes that restrictions on these types of gatherings should be “less aggressive” than restrictions on other gatherings.

Councilman Peter Yacobellis, who supported the mask mandate prior to Tuesday’s vote, said that Montclair is “a place where we take scientific and medical expertise very seriously.”

“With the rapidly spreading omicron variant and many people, including children and young adults, still waiting to become eligible for booster shots, this simple step was the right one to take to protect our most vulnerable citizens and visitors,” Yacobellis said.

“I hope people who frequent our gyms, salons, stores and restaurants can do so knowing that Montclair is a place that puts safety first. I also want people to feel a sense of hope,” the councilman continued. “This is temporary to get us to a place where more people can get boosters, where testing is more easily available and where perhaps there are new medications available to treat COVID-19. These things are all in the pipeline. So please join me in seeing that light at the end of the tunnel.”

• See related article: Montclair COVID Update (Latest Case Totals, How To Get Vaccine)
• See related article: Masks Are Back: Newark Indoor Mandate Returns As COVID Spikes

The resolution reads:

"WHEREAS, the Township of Montclair has a compelling interest to protect the health,

welfare and safety of residents; and
WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared the
emergence of the novel coronavirus, SARS-CoV-2, that causes the disease COVID-19, a
worldwide pandemic; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) and other public
health organizations monitor all variants of the virus that cause COVID-19 in the United States
and globally; and
WHEREAS, in July 2021, the CDC identified a concerning national trend of increasing
circulation of the Delta COVID-19 variant, a variant which was more infectious and was leading
to increased transmissibility when compared with other variants, even in some vaccinated
individuals; and
WHEREAS, on November 24, 2021, a new variant of SARS-CoV-2 was reported to the
WHO; and on November 26, 2021, WHO named the new variant Omicron and classified it as a
Variant of Concern (VOC); and
WHEREAS, on December 1, 2021, the first confirmed case of Omicron was identified in
New Jersey; and
WHEREAS, the spread of COVID-19, particularly the mutations and variants of the
virus, throughout New Jersey and the Township of Montclair, continues to pose a severe threat to
the public health, safety and welfare to the residents of the Township of Montclair; and
WHEREAS, wearing a mask is an effective way to reduce the spread of earlier forms of
the virus, the Delta variant and other known variants; and
WHEREAS, the CDC recommends that in order to protect themselves and others from
COVID-19 and its variants, people who are not fully vaccinated should wear a mask indoors in
public at all levels of community transmission; and specifically recommends mask-wearing
indoors in public places designated as substantial or high community transmission regardless of
vaccination status; and

WHEREAS, as of December 20, 2021, the CDC classified Essex County, New Jersey, as
an area with high community transmission with a case rate per 100 thousand of 522.42,
representing a positivity rate of 10.61%, and
WHEREAS, Governor Murphy’s Executive Order 242 allows municipalities to impose
additional restrictions, in response to COVID-19, regarding mask requirements for individuals in
indoor public spaces;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of
Montclair, that all businesses and venues located in the Township of Montclair that are open to
the public shall require both staff and customers (or visitors) to wear face coverings or face
shields over their nose and mouth while inside the establishment when in the presence of others
(within six feet); and
BE IT FURTHER RESOLVED, the face covering requirement of this Resolution does
not apply to the following persons:
· young children under age 2;
· a person with a disability who cannot wear a face covering or cannot safely wear a
face covering for reasons related to the disability;
· a person for whom wearing a mask would create a risk to the person related to their
work, as determined by local, state, or federal regulators or workplace safety guidance;
· a person while eating or drinking inside any establishment that serves food or
beverages; and
BE IT FURTHER RESOLVED, the face covering requirement of this Resolution does
not apply to certain gatherings, including religious services and political activities, which are
constitutionally protected activities, and restrictions on these gatherings should be less aggressive
than restrictions on other gatherings; and
BE IT FURTHER RESOLVED, that a violation of any provision of this Resolution is
subject to penalties as provided for by law; and
BE IT FURTHER RESOLVED, this Resolution shall take effect immediately upon
adoption by the Council of the Township of Montclair, and shall remain in effect for 30 days.

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