12:07 P.M. UPDATE: Valdosta mandates masks in public

Published 6:58 pm Wednesday, August 26, 2020

12:07 P.M. UPDATE — The City of Valdosta released a statement Thursday morning further detailing the new mask mandate for people in public and inside government buildings. 

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Private businesses still have the ability to choose whether to require face coverings or not, but businesses that do not consent to the mask ordinance must post a “clearly legible sign in one-inch Arial font at all public entrances” with the signs reading “this location does not require the use of masks or facial covering upon this property,” read the city statement.

Some exemptions to the mask ordinance, according to the statement, include anyone unable to safely wear a mask or face covering due to age, persons with underlying health conditions or people unable to remove the mask without the assistance of others.

According to the city’s statement, the ordinance will also not apply to the following:

  • In personal vehicles or on residential property;
  • When a person is alone in enclosed spaces or only with other household members;
  • When the individual has a religious objection to wearing a facial covering or mask;
  • While drinking or eating;
  • When a licensed healthcare provider has determined that wearing a facial covering or mask causes or aggravates a health condition for the individual or when such person has a medical reason for not wearing a facial covering or mask;
  • When wearing a facial covering or mask would prevent the receipt of personal services or performing work in the course of employment;
  • When complying with the directions of a law enforcement officer or for the purposes of verifying a person’s identity, such as when purchasing alcohol, tobacco, or prescription drugs or when engaging in a financial transaction;
  • Children under the age of ten (10) years;
  • At any polling place and no individual shall be denied ingress or egress to or from a polling place for failure to wear a facial covering or mask; 
  • When outdoors and maintaining social distancing from anyone other than individuals with whom they cohabitate.

 

VALDOSTA — Anyone out in public in Valdosta will now be required to wear a mask to protect against the spread of COVID-19.

Valdosta City Council met for a special called meeting Wednesday regarding the city millage rate but also considered a city ordinance requiring face coverings to be worn in public. The vote was a 4-3 decision in favor of the city ordinance.

Council members Eric Howard, Vivian Miller-Cody, Sandra Tooley and Joseph “Sonny” Vickers were the four votes approving the measure with Tim Carroll, Andy Gibbs and Ben Norton in opposition.

People who violate the ordinance will be given a warning then a $50 fine if that warning is not heeded.

Under the city ordinance, there will be several exceptions, according to documents provided by the City of Valdosta.

Provisions include:

a. The requirement cannot be applied to people who are eating or drinking, who have difficulty putting on or taking off a face covering without assistance, those who have a religious objection, and those who have a medical reason for not wearing a face covering.

b. Penalties (criminal or otherwise) cannot be imposed on any private business, establishment, corporation, non-profit corporation, or organization.

c. The maximum penalty cannot be larger than $50 per offense.

d. Enforcement can only be against individuals but, people who operate businesses and the businesses themselves cannot be held liable for failures of their customers to comply.

The requirement cannot be enforced at any Polling Place.

The requirement cannot be enforced against individuals on residential property.

g. The requirement can be enforced against people on private property when the owner or occupant of the private party consents to enforcement. Such businesses, etc. can be required to post a reasonable public notice stating whether they consent to enforcement or does not consent to enforcement on its property.

Enforcement of the ordinance could be tricky in the coming days as the portion of Gov. Brian Kemp’s the executive order allowing municipalities to mandate face covering expires at 11:59 p.m. Aug. 31. The governor’s full order goes until Sept. 10.

Enforcement possibilities are unknown if the governor alters his order, according to City Manager Mark Barber.

Barber said the governor’s executive order required municipalities to be over a certain threshold of COVID-19 per capita in the county; to pass a face-covering ordinance the order states counties with more than 100 COVID-19 cumulative cases during the past 14 days can approve a mask mandate and Lowndes County was more than double the number.

Using 117,000 as the total population in Lowndes County, the threshold for a mask ordinance would be 117 COVID-19 cases per 100,000 people, he said.

If the yellow (295) or blue (252) lines drop beneath the green line (117), then the city will not be able to enforce the ordinance if adopted, Barber said.

Earlier this month, Howard called for council to add a mask mandate to the city agenda. Barber added it to the agenda of the special called meeting Wednesday.

During a citizens to be heard portion of the Wednesday meeting, two residents opposed the mask mandate and six spoke in favor.

Of the two in opposition, Ken Register, a chiropractor, said a mask could hurt the immune system and businesses would be hurt financially from the ordinance.

Gina Arnold, a Lowndes County Schools educator, said she has a medical exemption from a mask and has felt discriminated against because of the exemption. 

“I’m worried about kids getting sick with the virus (after not properly handling them),” she said.

Of the six in favor, Tyler Rucker said “as the youngest person in the room” that he believed Valdosta need to require masks. 

Kylie Mathis said she and her entire family contracted COVID-19. 

“I was in my bed. It was the worst,” she said. “If I can prevent anyone else going through that, then I’ll voice my support for it.” 

Jennifer Tooley spoke on how an incurable illness that she contracted has required her to wear a mask for the past three years and it has kept her healthy.

Kaylon Day said she loves Valdosta, and as a Valdosta State University student urged council to approve the mask ordinance. 

George Boston Rhynes was the final speaker in favor of the ordinance and said he has interviewed people with COVID-19. Based on those conversations, he said a mask mandate would be important and implored everyone to love their neighbor.

After resident comments concluded, all seven council members and the mayor spoke during discussion before the ultimate vote.

Gibbs said lots of businesses such as Walmart and Home Depot already require face coverings. 

“I do it because of the respect for others. At the same time, I don’t feel like we have to mandate it where everyone doesn’t have a choice,” he said.

Gibbs added writing $50 tickets after a warning would be chaos for police officers to enforce.

Miller-Cody supported the mask ordinance and protecting the most vulnerable populations of the community such as her 93-year-old sister.

“She’s scared to go outside,” Miller-Cody said.

Howard prefaced his comments by stating he did not want this decision to be a political or racial issue. Instead, he said he hoped council’s decision could be an example for local children. 

“What type of example are we going to set for our children that we ask them to do it and we can’t?” Howard asked. “We have to in order to show it’s OK to wear a mask.” 

He said some local businesses already require masks but used an example of a 19-year-old cashier not being able to do anything if a large adult refuses to follow the business’s requirement. 

“Yes, I know most businesses are doing it but they have nothing to enforce it,” he said.

Tooley compared a mask ordinance to a law preventing jaywalking. Residents may not always follow the law but “they’ll respect it,” she said.

Norton encouraged mask use but said he does not believe residents should be forced to wear face coverings. 

“I think one thing we’re missing here is we’re in America,” he said. “I don’t want to step on someone’s freedoms to make that decision.” 

Norton also questioned how the city could enforce the initial warnings and subsequent $50 fines. 

“The department is already stretched,” he said.

Carroll said on top of the enforcement hurdles, he believed a mask ordinance would not change much.

“We really don’t have a mandate here,” he said. “Businesses get to choose. Why can’t the citizens?”

Vickers noted that he has received three COVID-19 tests already because of his age — 78 — in addition to possessing some underlying conditions. As the final council member to speak, he voiced his support for the ordinance saying Valdosta needs a mask mandate, even if masks can be uncomfortable. 

“I wouldn’t mind being uncomfortable,” he said. “We can’t get the economy going until we get this virus under control.”

Mayor Scott James Matheson, while not able to cast a vote, weighed in last saying the local “Mask Up” campaign was effective. He criticized the governor’s mandate and was vocal about possible backlash from residents if the ordinance was approved.

“It’s absolutely the most ineffective order I’ve ever seen. If we pass this, I fear the backlash,” Matheson said. “However this vote goes, please do not consider this a win or a loss.”

This story was updated at 9:06 a.m. Aug. 27.