- May 2, 2024
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After local cities passed resolutions stating that people are required to wear masks indoors in situations where social distancing is not possible, the Flagler County Commission at a July 13 meeting decided to do something slightly different: It passed a resolution that encourages people to wear face coverings, but does so without the language of a mandate or requirement.
“The use of masks is very, very important to us all, and I think that this is a way of us reemphasizing this, but saying there is no way we can ask our sheriff to arrest people or fine people."
— DAVID SULLIVAN, Flagler County Commission chairman
In the practical sense, the outcome is the same. Although the cities' resolutions described mask wearing as required in certain situations — Palm Coast's states that people "shall" wear masks indoors when social distancing isn't possible — they did not specify an enforcement mechanism, so people violating those directives could not be cited, fined or arrested.
That led the Flagler County Sheriff's Office to post on social media that Palm Coast's mask resolution was an "unenforceable recommendation."
The county resolution's wording makes explicit that its recommendation is not a requirement and not enforceable, stating that the county "emphatically urges all persons to wear face coverings when in indoor locations open to the public, or when unable to maintain social distancing from other persons outdoors, excluding household members."
“The use of masks is very, very important to us all, and I think that this is a way of us reemphasizing this, but saying there is no way we can ask our sheriff to arrest people or fine people," County Commission Chairman David Sullivan said. "We are asking people as strongly as we can to wear masks and to look out for their fellow man.”
Sheriff Rick Staly, speaking during the July 13 meeting, told commissioners, "I think you did it right. When you use the word 'mandate,' there's an expectation of enforcement."
Resident Jane Gentile-Youd, during the meeting's public comment period, thanked Sullivan for the resolution, but said she'd hoped for a system where masks could be enforced by deputies through a warning on the first offense, and deputies could have masks on hand to provide to violators. She asked about business owners' ability to have someone removed from the premises for refusing to comply with the business' requirement that patrons wear a mask.
Staly said that having deputies provide masks would cost money. But he noted that business owners and property owners have the right to exclude patrons — and, if someone refuses to leave when told to do so, law enforcement could be contacted. If the person still refused to leave, they could be arrested for trespassing.
"I support the use of masks; I think we’re all adults and we should take care of each other as a community," Staly said. "What I do not support is having law enforcement be the mask police. We're in a tough time right now with policing across America — fortunately, we’re not seeing that here — and the way you want to inflame it more is have law enforcement be the mask police, whether it's a citation, whether it's an arrest, whatever it is."
Staly added that no inmates at the county's detention facility have shown symptoms of COVID-19. About eight to 10 employees have tested positive, he said.
"The transmission seems to be from people they had already been around that had already been diagnosed with COVID-19, living in the same household," he said.
County Emergency Management Director Jonathan Lord supported the county's proposed mask resolution.
"As the cases go up — and again, our numbers are better than other parts of the state — but as the number go up, we’ve already seen what the governor has done: He’s taken a couple of steps back and shut down bars," Lord said. "So I think our residents and our businesses really do need to heed this warning that you're about to put out ... because of the fact that if the numbers keep skyrocketing ... I would not be surprised if the governor has no other option than to start doing more business restrictions again."
The commission approved the mask resolution 5-0.
