FORT SMITH -- A divided Fort Smith Board of Directors on Saturday reaffirmed its support of encouraging residents to wear masks during the coronavirus pandemic but tabled making the resolution an ordinance.
The proposed ordinance, modeled after one recently announced by Gov. Asa Hutchinson, would have required facial coverings at all indoor environments but not outdoor settings in a way that follows state Department of Health recommendations.
City Administrator Carl Geffken said after the meeting that this would have made the Health Department's recommendations about wearing masks indoors mandatory in Fort Smith.
After a long discussion Saturday, the board voted 4-3 to amend the proposed ordinance to instead state that the city would only encourage the usage of facial coverings according to Department of Health guidance. The board previously approved a resolution that "strongly encourages" the use of masks, but not mandating it, during its regular meeting Tuesday.
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The board then voted 4-3 to table the amended ordinance. Geffken said it will be brought up again on the agenda for the board's regular meeting July 21.
Saturday's special meeting had a greater and more vocal turnout than what is usual at board meetings. Before the members began their discussion, 33 residents stepped up to lectern to give their opinions on the ordinance, both in favor and against. Some spectators even carried signs, including those that read, "Don't Burden Business," "Freedom is the Cure" and "I Can't Breathe" in reference to the issue.
Hutchinson signed Executive Order 20-41 on July 3. This states that cities, upon consultation with Hutchinson's office and the Health Department, may issue local ordinances on face coverings to help curb the virus.
The Executive Order states, in part: "Cities may, upon consultation with my office and ADH, issue a local ordinance to require the use of face coverings to help curb the spread" of covid-19, as long as cities and law enforcement "act in a support capacity to local businesses that wish to enforce the use of face coverings" and "educate and encourage members of the public who decline to wear face coverings" about the importance of wearing them.
Arkansas' secretary of health has issued guidance through the Health Department regarding the use of face coverings.
It recommends that people wear face coverings indoors when they are exposed to non-household members and where distancing of 6 feet or more cannot be assured.
This includes, but is not limited to, workplaces, retail stores, businesses, places of worship, courtrooms, jails/prisons, schools, health-care facilities and other people's homes, the recommendations state.
The Health Department also recommends such coverings in all outdoor settings where there is exposure to non-household members unless ample space of 6 feet or more exists to practice physical distancing.
Using specific language in the governor's model ordinance, the proposed ordinance that the board discussed included the wording about law enforcement agencies' role: It would act "in a support capacity" to businesses and educate and encourage those who decided against wearing facial coverings.
If it reached a certain point, the proposed ordinance stated, a business could make the person leave the premises.
In addition to children under the age of 3, the proposed ordinance exempted those with physical or mental health issues if they have a statement from an Arkansas-licensed medical provider attesting to the inability to use a mask. The proposed ordinance would expire either on Dec. 31 or at the end of the emergency declared by Hutchinson.