Face Mask Mandate Reinstatement Moves Forward In Sarasota

SARASOTA, FL — Efforts to revive the mandatory citywide face mask mandate, which the Sarasota City Commission allowed to expire in February, are moving forward after commissioners voted 3-2 at their Monday meeting to begin the process of resurrecting the policy.

This is the third time the commission has taken up the issue in recent months.

In February, Mayor Hagen Brody, Vice Mayor Erik Arroyo and Commissioner Kyle Battie voted against extending the emergency mask ordinance. The mandate, requiring face coverings in indoor and outdoor public locations within city limits, expired Feb. 25.

Battie had a change of heart after that vote and revived the topic at the commission’s March 15 meeting. A motion to bring back the citywide mask requirement passed in a 3-2 vote at that meeting with Battie joined by Commissioners Jennifer Ahearn-Koch and Liz Alpert in supporting the mandate. Brody and Arroyo voted against it, though, and four votes were needed for the motion to pass.

It was Ahearn-Koch who broached the topic a third time Monday. This time, only a majority of the commissioners’ approval was needed to move forward a motion asking City Attorney Bob Fournier to draft a new version of a mask ordinance for Sarasota.

He’ll prepare an ordinance to bring back to the city commission for consideration in May. It will be discussed at two public hearings before being passed.

This motion passed 3 to 2 with Ahearn-Koch, Alpert and Battie supporting the measure. Brody and Arroyo voted against it.

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Brody and Arroyo argue that because Gov. Ron DeSantis has issued an executive order deeming county- and city-level COVID-19 measures unenforceable, there’s no need for a mask ordinance in Sarasota.

City Administrator Marlon Brown has also said he won’t have Sarasota police or code enforcement officers enforce the policy.

As the coronavirus pandemic continues, Ahearn-Koch acknowledges that it’s an “unusual situation” for the city, while noting that the U.S. Centers for Disease Control and Prevention still recommends wearing masks to prevent the spread of the virus. Numerous local health professionals have spoken in favor of masks at city commissioner meetings in recent months, as well.

Ahearn-Koch also said that she has heard from numerous residents that they would like there to be a mask ordinance in place.

“We sit here as elected officials having sworn an oath to protect the health, safety and welfare of this community and this community is asking for a mask mandate because they feel uncomfortable that we do not have one,” she said.

Brody said, “Our oath is to follow the laws of the state of Florida and the U.S. Constitution. That’s what our oath is and that’s what we all swore to uphold and in the state of Florida the law is what the law is and we cannot uphold a mask mandate. It’s as simple as that.”

While he supports wearing masks, he said he doesn’t believe forcing residents to wear them in public and doesn’t want to direct city employees to enforce such a mandate.

“That is just not the government that I want for Sarasota,” he said.

Brody added that he’s “disappointed” that the “flat-out silly” motion moved forward, calling the matter of masks “ridiculously political.”

“You’ve got Republicans that want to make a statement by not wearing masks. You’ve got Democrats that want to run around and tell everybody else to wear a mask,” he said. “Why can’t we let our own community, our own citizens make a choice about whether they want to wear a mask or not?”

With the CDC warning of a fourth wave of the virus, Ahearn-Koch said masks are necessary.

“It’s a simple task that saves lives. It’s the only tool we have,” she said.

She reminded commissioners that a mask ordinance is just “a temporary measure” while the city continues to battle the COVID-19 pandemic.

“In a perfect world, would we do this? I know I wouldn’t recommend an ordinance of this kind if we couldn’t enforce it, but this is not a regular time. This is not a regular point in our life,” Ahearn-Koch said.

As for the prior citywide mask mandates, though it wasn’t enforced in the city, “it sent a strong message to our community that we are looking after your health, your safety and your welfare,” she said. “It’s not forever. It is only temporary for the next couple of weeks, maybe a couple of months, hopefully until we get this pandemic and this virus under control.”

Deputy City Manager Pat Robinson said there’s been “a slight uptick in our community since spring break.”

Over the past 14 days, the community saw a 53.7 percent increase in coronavirus cases, though he noted that this is “based on relatively small numbers going up,” he said. “That being said, there is a rise across the entire country.”