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Should masks be mandatory in public? Florida Keys leaders are debating the issue

Monroe County doesn’t have a countywide law making face masks mandatory in public, although Key West requires masks inside stores.

In a 3-2 vote Thursday, the Monroe County Commission shot down a proposed ordinance that would make masks mandatory in stores or while people are within six feet of others in public throughout unincorporated Monroe.

The proposal made exceptions for vulnerable populations.

For now, the county says it’s “highly recommended” employees and customers of businesses wear masks in public settings.

Three commissioners — Craig Cates, of Key West, and Michelle Coldiron and David Rice, both of Marathon — said they were not in favor at this time to legally require people to wear masks in all businesses. They said business owners should make those decisions.

County Administrator Roman Gastesi presented the item to the commission.

“Until there’s a vaccine or until this is under control, it makes sense to make them mandatory,” Gastesi said.

The two dissenters, County Mayor Heather Carruthers, of Key West, and Sylvia Murphy, of Key Largo, said some type of law is needed when it comes to face masks to prevent the spread of the novel coronavirus.

“We’re talking about public health here,” Carruthers said. “If there’s any time this should be mandatory it should be now.”

This week, the Keys officially welcomed back tourists to the island chain, and Gov. Ron DeSantis on Wednesday issued an order allowing Florida bars, except for in the state’s hardest-hit areas, Miami-Dade, Broward and Palm Beach counties, to reopen Friday at 50 percent capacity.

Justin Holt, who co-owns a T-shirt shop in Key West, wears a mask on June 1, 2020.
Justin Holt, who co-owns a T-shirt shop in Key West, wears a mask on June 1, 2020. Gwen Filosa FLKeysNews.com

In Monroe, there were 110 known COVID-19 cases reported by the state and four deaths have been recorded during the crisis.

But the county’s mask debate isn’t over.

After the no vote on mandatory masks, commissioners asked staff to revisit the issue at the June 17 commission meeting. That meeting starts at 9 a.m. and will be broadcast online.

The city of Key West has announced people must wear face masks inside stores. Mayor Teri Johnston said it could be punishable as a misdemeanor, with up to 60 days in jail or a $500 fine.

Marathon has also issued a statement saying businesses must require masks on employees and customers at all times.

At issue for the Monroe County Commission on Thursday was whether to create a law and whether the penalties would be civil or criminal, or whether the county should only make recommendations about masks.

“Having an ordinance gives you more enforcement tools, such as code enforcement and injunctions,” said County Attorney Bob Shillinger, who added it’s not meant to become a permanent law. “Again, it’s a policy call, how you want to do it. Do you want to have an ordinance that is mandatory or is just a directive?”

The commission could always change the regulations over time, Shillinger said.

Murphy said an ordinance is needed, because merely requesting that people to wear masks won’t work.

Murphy is pro-mask.

“What to me is important is it tells the whole world around you what you think of your neighbors, your friends, your community,” Murphy said. “It shows you care enough about your community to try to protect them. “

Those who try to grocery shop without wearing a mask are “showing what they are,” Murphy said. “It’s not complimentary.”

Coldiron opposes a mandatory mask law. She suggested the county strongly encourage people to wear masks.

“What I’m hearing from the businesses is they want this to be their decision to make with their business,” Coldiron said. “They’ll have the teeth they need to call the sheriff and say, I want to trespass someone for not following a requirement in my business.”

Coldiron said the county should follow the governor’s lead and only encourage people to wear masks.

She said masks can create a false sense of security. Many people don’t wash them properly, she said, and she would prefer the county make recommendations rather than a mandatory law.

“It still stops my sneeze and my breath from hitting you,” Carruthers said, adding most people she’s talked to want a mandatory mask law. “I would love for it to be voluntary but I think we all know there are people who aren’t going to do this.”

Coldiron said she doesn’t want law enforcement to have to police mask-wearing inside businesses.

“They already have to go in, for trespassing,” Rice countered, saying there is already a trespassing law that business owners can rely on to have police remove someone for a number of reasons, including not following its mask rules.

“The business owners think they can handle this,” Rice said. “They already have an ordinance they can rely on. Who cares whether it’s for masks or trespass. You’re in jail either way, or you have a civil citation either way.”

Rice said he sees most people in stores wearing masks.

Rice said he’d rather people “do the right thing,” on a voluntary basis.

“I’m willing to go with that for a short period of time,” he said. “If information shows that’s not happening, I have no problem revisiting this issue.”

Cates agreed with Coldiron.

“I’d like to try voluntarily,” Cates said. “We can always come back to this if it is a problem.”

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This story was originally published June 4, 2020 at 4:54 PM with the headline "Should masks be mandatory in public? Florida Keys leaders are debating the issue."

Gwen Filosa
Miami Herald
Gwen Filosa covers Key West and the Lower Florida Keys for FLKeysNews.com and the Miami Herald and lives in Key West. She was part of the staff at the New Orleans Times-Picayune that in 2005 won two Pulitzer Prizes for coverage of Hurricane Katrina. She graduated from Indiana University.