Palmetto rejects signs urging mask use. City will reconsider in two weeks

Palmetto City Commission voted not to pass an emergency ordinance Monday regarding mask use during the COVID-19 pandemic. It would have required businesses within the city to post signs promoting face coverings indoors.

City Attorney Mark Barnebey said that the ordinance was simple by design and would allow Palmetto business owners to make or print their own signs with the freedom to either recommend or mandate face coverings. But several commissioners took issue with the wording of the ordinance, and others wanted more stipulations added.

Four votes were needed to pass the emergency ordinance. After about 40 minutes of discussion, commissioners could not agree on the details, and the measure failed in a 3-2 vote. Commissioners Tamara Cornwell, Tambra Varnadore and Brian Williams voted in favor while commissioners Jonathan Davis and Harold Smith voted against.

The commission moved instead to consider a revised version of the measure in two weeks.

The ordinance, nearly identical to one passed by the Bradenton City Council last week, called for signs recommending or requiring the use of face coverings at entrances to businesses and public buildings. The signs could alternatively outline U.S. Centers for Disease Control and Prevention guidelines on the use of face coverings.

Smith questioned whether it was legal for the city to mandate the signs and expressed concern about people who could not safely wear masks due to breathing issues. Smith voted no on the emergency ordinance and supported an updated version that would not penalize businesses that choose not to post signs.

City officials did not reach an agreement on whether the ordinance would be enforced by police or code enforcement, or whether it should be strictly enforced at all.

Varnadore questioned whether the ordinance was a requirement or a “strong suggestion” and said that it might be difficult to enforce with a shortage of staff due to COVID-19.

The emergency ordinance did not include any details about enforcement, but Barnebey said Monday that compliance would be required and could be enforced with fines.

“We would probably give warnings before we took further action,” Barnebey said, advising that code enforcement would likely follow up on resident complaints.

Davis, who also voted no, said the measure would be like an “unfunded mandate” if the city did not provide the signs to businesses.

“What we’re doing is making a business that’s had a hard time already... put this up,” Davis said.

Barnebey and Mayor Shirley Groover Bryant suggested that the city could provide free signs and sign templates and promote the ordinance through city signage and mailings.

Cornwell argued that the ordinance should include plastic face shields as an approved face covering.

Barnebey pointed out that plastic face shields fit the requirements of the ordinance, which defined a face covering as “a uniform piece of material that securely covers a person’s nose and mouth and remains affixed in place without the use of one’s hands.”

Cornwell was joined by Williams in requesting more specific language in the ordinance. Williams asked for exceptions to be included for people with medical conditions that prevented mask use.

Still, Williams urged the commission to pass the ordinance immediately.

“People have got to take this serious. We should have done this a long time ago,” Williams said. “I think we need to be very proactive in how we approach this, and putting it off for another week is not going to help.”

The commission agreed to bring back a revised version of the measure at an Aug. 3 workshop session for further discussion. It will be introduced as a regular ordinance, which requires only a simple majority vote to pass.

The rejection of the sign ordinance comes as many major retailers with locations in Palmetto, including Publix, Wal-mart, Winn-Dixie and CVS Health, are implementing their own requirements for mask use. Several other municipalities in the area have passed outright mask ordinances for businesses and members of the public.

This story was originally published July 21, 2020 at 7:40 AM.