LOCAL

St. Augustine lifts mask mandate

Based on governor's order, city chooses to strongly encourage mask wearing instead

Sheldon Gardner
St. Augustine Record

St. Augustine officials announced Monday that the city is now strongly encouraging the use of face masks citywide instead of mandating them, a decision that comes from a recent executive order by Gov. Ron DeSantis. 

DeSantis announced on Friday that he would move the state into Phase 3 of his COVID-19 reopening plan. As part of that order, local governments can't collect fines from mask mandates, though it wasn't immediately clear how that would affect local government mask laws, according to the Sarasota Herald-Tribune.

Carmelo's Marketplace employee Renee Wauldron wears a mask as she checks shelves at the store on King Street in St. Augustine on Tuesday.

Specifically, DeSantis's executive order "suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals."

Because of the order, the city rescinded all portions of its mask mandate that are in conflict with the governor's order, which includes the potential for a fine for not wearing a mask. 

"We have no enforcement abilities without being able to fine or have any type of punitive recourse," city spokeswoman Melissa Wissel said. 

But the city still encourages "all of its residents and visitors to wear masks, practice social distancing, and wash their hands," according to the city. "Consistent with the Governor's order and applicable law, private businesses may choose to require mask wearing in their place of business."

The City Commission voted in June to require face coverings indoors where social distancing isn't possible, with some exceptions. People who violated the law could have faced a fine of up to $500.

“We recognize the time has come to proceed with Phase 3 of the reopening strategy throughout the state,” City Manager John Regan said in a prepared statement. “At this stage of the pandemic, businesses and dining establishments can operate confidently knowing that we continue to support and encourage their individual policies regarding masks." 

The city of Jacksonville has a mask mandate for all business employees, operators, patrons and customers that aren't able to stay 6 feet apart from each other, with some exceptions, according to The Florida Times-Union. It applies to indoor spaces that are open to the public.

The mandate is expected to be in effect through 5 p.m. Oct. 27 unless extended by Mayor Lenny Curry. 

The mandate doesn't provide for fines.

"But the existence of the proclamation means businesses can point to a government requirement when posting signs about wearing masks in their buildings," according to the article. 

On Monday Circuit Court Judge Katie Dearing upheld Curry's mask mandate, saying he has authority to issue the mandate. 

In St. Augustine, Joe Tringali, owner of Carmelo's Pizzeria and Carmelo's Marketplace, said the business will still require employees and customers to wear a mask. Signs will remain posted saying masks are required.  

But with no backing from the city on enforcement of a mandate, they don't plan to try to enforce their own rule on the convenience store side, he said. 

Enforcement has already proven a challenge in that part of the business. Some customers have gotten into arguments with each other over someone not wearing a mask. And employees have faced upset customers.  

St. Johns County commissioners have refused to institute a countywide mask mandate, despite Commissioner Henry Dean urging fellow board members to do so. 

In addition to rescinding its mask mandate, the city issued an administrative order outlining safety procedures for meetings at City Hall.

City officials are preparing for a full return by the Commission to meetings at City Hall. DeSantis has allowed public officials to meet using video conference technology because of COVID-19, but that exception is set to expire soon. 

Among other requirements, people will have to wear a face mask inside the City Commission meeting room. If they're not able to wear a mask, they can watch and hear the proceedings from outside of the meeting room and enter only to make a public comment.