FAYETTEVILLE -- A measure the City Council passed Tuesday requires anyone who enters a city-owned building to wear a mask but carries no enforcement mechanism forcing people in public places citywide to cover up.
The council voted 6-1 in favor of a new mask mandate. Sonia Gutierrez Harvey, D'Andre Jones, Mark Kinion, Sloan Scroggin, Sarah Bunch and Teresa Turk all voted in support. Holly Hertzberg voted against.
The mandate largely mirrors one that was in place citywide until Dec. 23 except for two notable differences. The mandate will expire March 2 unless extended by the council. Additionally, the measure carries no enforcement mechanism outside of city-owned buildings.
The mandate, as written, applies to public areas of public places. Responsibility to wear a mask lies on individuals, and businesses do not have to require masks.
The measure makes exceptions for when people are eating or drinking; settings with fewer than 10 people; areas without normal public access, such as semi-private offices and workshops; people with a disabling condition preventing mask-wearing; outdoor settings where social distancing cannot be achieved; and for children younger than 2.
Turk sponsored the measure and said having a mandate in place, although unenforceable, would provide support for business owners who choose to require masks. The city's Board of Health also set a threshold at which residents need to wear masks in public places, and the city should follow the recommendation, she said.
Fayetteville Public Schools and the University of Arkansas, Fayetteville, both have mask mandates, and the city should stand in solidarity with them, Turk said.
"I think it's really important that the city sends a strong message to our citizens on where we stand on this issue," she said.
The omicron variant of covid-19 has caused a surge in infections in recent weeks. The state hit a record high number of covid-19 hospitalizations Tuesday with 1,487. Hospitals in Benton and Washington counties got as close as they have yet to hitting a peak number of covid-19 patients, according to the Northwest Arkansas Council. There were 155 covid-19 patients in Northwest Arkansas hospitals Tuesday. The highest total ever was 173 on Aug. 11.
The city's Board of Health has said having more than 30 covid-19 patients and 100 intensive care unit beds in use at Northwest Arkansas hospitals is cause for a mask mandate. There were 107 ICU beds in use, for covid and noncovid patients, in Benton and Washington counties Tuesday.
No one from the public spoke about the mandate during Tuesday's meeting.
Hertzberg said she would support a mandate for city-owned buildings only. She said the council should pass a measure that's enforceable.
"I think we think we have the power to change public opinion on this issue, but I don't think that we do," Hertzberg said.
Scroggin said he agreed people should wear masks in public but there was no use in having an unenforceable mandate. Business owners who want customers to leave for not wearing a mask can already call police, he said. Scroggin suggested changing the proposal to require masks at city-owned buildings and merely state the city's support for mask-wearing in other public places. He ended up supporting the measure after the suggestion didn't gain traction with other council members.
Kinion said his support for the measure came down to clearly expressing a value while many people in the city aren't wearing masks in public and should be.
Mayor Lioneld Jordan acknowledged a citywide mandate would be extremely difficult for police officers to enforce. However, the city as a whole would be healthier if people wore masks in public, and the city should make a statement, he said.
Jordan said he planned to require masks at city-owned buildings starting today.
"We may not be able to enforce this citywide, but I can enforce it in these buildings, and I will," he said.
Council action
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NoneFayetteville’s City Council met Tuesday and approved:
• Reestablishing the city’s program rewarding residents or people who live in the city with $100 to get fully vaccinated against covid-19. The measure also established a leave bank city employees can draw from in case they get covid-19 and cannot work.
• Changing regulations for accessory dwellings to remove a proportional size cap and allow them with duplexes. Property owners could have up to two accessory dwellings but would need to ask the Planning Commission to have a third.
• Allowing short-term rentals in nonresidential zoning districts and removing a cap on the number allowed in condominiums.
• Rezoning 13.65 acres between Razorback Road and Stadium Drive for a 142-unit student-centric apartment complex. Of the total, 3.61 acres is for tree preservation, with the rest for development.
• Allocating $21,442 for a cold weather response in partnership with community organizations to protect unsheltered residents during times when the temperature reaches 15 degrees or below.
Additionally, the city’s annual Dr. Martin Luther King Jr. Brotherhood Award was given to Michael Strong, interim crew leader for water maintenance.
Source: Fayetteville