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Monroe County will not enforce mask mandate — but businesses can have their own rules

Dons’ Place in Key West reminds customers to wear their masks when entering the bar.
Dons’ Place in Key West reminds customers to wear their masks when entering the bar. gfilosa@flkeysnews.com

Monroe County will no longer enforce its mask mandate following Gov. Ron DeSantis’ executive order that invalidates local COVID-19 rules.

Key West had already stopped enforcing its facial covering mandate in early March after DeSantis canceled fines for violating COVID emergency orders.

Monroe issued a statement Monday night that the county also would no longer enforce its rule, which was put in place last summer as the pandemic heated up. However, spokeswoman Kristen Livengood said the decision does not prevent businesses from requiring customers and workers to wear masks.

“While Monroe County Code Compliance will no longer respond to COVID-19 facial covering-related complaints, individual businesses may still have facial covering requirements in place if they choose,” Livengood said. “Nothing in the Governor’s Order prevents a restaurant or other business from requiring employees and patrons to wear masks while on the premises.”

In a 4-0 vote Wednesday morning, commissioners rescinded the county’s mask ordinance in light of the governor’s order. Commissioner Craig Cates, of Key West, was absent.

“This is in no means saying that you cannot wear a mask,” County Mayor Michelle Coldiron said. “I believe our community has learned now how to respect people who are wearing masks. And now it’s up to each individual to either wear their mask or not.”

Commissioner Eddie Martinez said, “Personal freedom is also important. Every business does continue to have the right to say, ‘no shoes, no shirt, no mask, no service.’”

A business owner can call the police if someone refuses to follow its mask rules, said County Attorney Bob Shillinger.

“They can be trespassed if they did not comply with the rules of that establishment,” Shillinger said.

“The pandemic’s not over,” said County Administrator Roman Gastesi. “It’s very important that that message gets across. We still have to be careful. We still have to be smart and be safe out there.”

On Tuesday the Key West City Commission let its mask ordinance expire.

“It really does not change anything,” Key West Mayor Teri Johnston said before the meeting. She noted the city had already given up on enforcing its mask law.

“Every individual business can decide whether they want people to wear masks before they come into the business,” Johnston said. “We at City Hall will still require masks when you come into the building.”

Mark Rossi, a former city commissioner who owns a complex of bars on Duval Street, said since March he has left the mask-wearing decision up to customers and employees.

“Once the city took it down, we took ours down,” Rossi said. “It’s a customer’s choice.”

Phil Amsterdam, an owner of Amsterdam’s Curry Mansion Inn in Key West, said he didn’t know yet if the inn would change how it handles mask-wearing.

“We’ve been requiring masks when people are walking around,” Amsterdam said. “I don’t know if we have a policy yet.”

Amsterdam said his customers don’t seem to mind wearing masks at the 28-room inn.

“We only have very intelligent people staying here and they don’t seem to mind the masks at all,” Amsterdam said. “ We haven’t had any push-back from people.”

This story was originally published May 4, 2021 at 8:09 AM with the headline "Monroe County will not enforce mask mandate — but businesses can have their own rules."

David Goodhue
Miami Herald
David Goodhue covers the Florida Keys and South Florida for FLKeysNews.com and the Miami Herald. Before joining the Herald, he covered Congress, the Environmental Protection Agency and the Department of Energy in Washington, D.C. He is a graduate of the University of Delaware.