FL Fire Commissioner Arrested After Not Wearing Mask In Key West

EAST LAKE, FL — Following the arrest of the East Lake Fire Rescue commissioner for declining to wear a face mask while visiting Key West, East Lake Fire Rescue has issued a statement reaffirming the fire rescue's adherence to Centers for Disease Control and Prevention coronavirus guidelines.

According to the Key West Police Department, James Dalrymple, 64, was leading a group of about 8 to 10 people along Duval Street in Key West just after 6 p.m. on Dec. 2 when Officer L. Hernandez approached the group and pointed out that Dalrymple and three other members of his group weren't wearing face masks outdoors as required by city ordinance.

Hernandez then said he offered them complimentary face masks.

According to the police report, Dalrymple told the officer that “the governor’s order says we do not have to" wear masks. Dalrymple declined the complimentary face masks and continued walking.

Hernandez said he asked Dalrymple for his identification three times but Dalrymple refused to comply. At that point, Hernandez placed Dalrymple in handcuffs and took him into custody. Dalrymple was charged with a misdemeanor violation and transported to the Monroe County Detention Center.

Youtube/Kim Adams

A member of Dalrymple's group, Kim Adams, recorded his arrest on her cell phone.

She said the incident was baffling.

"My friend is a retired fireman and current fire commissioner and great man," she said. "There were no laws broken. We were on our way to eat and it wasn't even 6 p.m. yet. No one was drinking alcohol or creating any disturbance."

Adams said Dalrymple's wife was retrieving her husband's identification from her purse when the police officer arrested Dalrymple.

"He is sitting in a jail cell right now and all he was doing was walking outside without a mask on," Adams commented beneath her video posted on Youtube.

According to CDC guidelines, "masks may not be necessary when you are outside by yourself away from others, or with other people who live in your household. However, some localities may have mask mandates while out in public and these mandates should always be followed."

Florida Gov. Ron DeSantis has not issued a mandatory mask order indoors or out, and said he has no plans to do so.

“I would definitely encourage people when you’re in, whether it’s a business situation, like in a restaurant, to wear a face mask," DeSantis said during a news conference. "In terms of forcing that under penalty of criminal law, we’re not going to be doing that. I think it would be applied unevenly and I just don’t think it would end up working at the end of the day. We should be trusting people to make good decisions.”

On Nov. 19, following a spike in positive coronavirus cases, Key West city commissioners unanimously approved a stricter face mask ordinance (Ordinance 20-18) requiring everyone over age 6 to wear a mask in public and carry one with them at all times.

Pinellas County, where Dalrymple lives, requires the use of face masks in businesses, including outdoor cafes when 6-foot social distancing is not possible, but does not generally require the use of face masks outdoors.

While 24 Florida counties require face masks to be worn inside public places such as businesses, government buildings and schools, only a handful of Florida counties and cities extend the rule to the outdoors.

Osceola, Duval and Miami-Dade counties require face masks indoors and outdoors. Miami requires face masks in all public places including outdoor public places. The city of Flagler Beach and Orange County excludes people exercising outdoors. Sarasota and Tampa require face masks outdoors when social distancing is not possible.

In its statement, East Lake Fire Rescue noted that Dalrymple was acting as an individual rather than representing the fire rescue during his Key West visit. And, while the fire rescue acknowledged the importance of following CDC guidelines, it stopped short of rebuking Dalrymple for his actions.

"For almost 50 years, the men and women who serve the public through East LakeFire Rescue have been dedicated to the cause of public safety," read the statement. "We utilize our training to advance that through fire prevention, fire rescue, EMS and other activities. Throughout the COVID-19 pandemic, ELFR has taken all appropriate steps to protect the public, including limiting access to fire station facilities to essential personnel and other preventive measures. The Centers for Disease Control and Prevention has consistently advised that the wearing of face masks is an effective way to prevent and limit the spread of COVID-19, and we fully support the CDC guidelines. The safety and well-being of those we serve has been, and always will be, our No. 1 priority."