Hillsborough Commissioners Vote Down Mask Mandate Outside Bars

HILLSBOROUGH COUNTY, FL — A proposal to require that patrons of outdoor dining areas wear face masks and be seated while eating and drinking has been voted down by the Hillsborough County Commission.

County Commissioner Kimberly Overman proposed the amendment to the county's coronavirus ordinance in anticipation of thousands of visitors arriving in Hillsborough County for Super Bowl LV at Raymond James Stadium Feb. 7 and crowds of fans gathering at parties held at Tampa bars and restaurants.

Overman said she was disturbed to see patrons packed into outdoor spaces at bars and restaurants in Tampa on New Year's Eve with no masks or attempts at social distancing.

The number of coronavirus cases has gone down slightly now that the holidays are over but the county still have a 13.65 coronavirus positivity rate and its hospitals are admitting an average of 70 new coronavirus patients a day.

Tampa Mayor Jane Castor said she's equally concerned.

"The behavior of our citizens shows us its critically important that we adopt policies" to curb this behavior, Castor said. "We had been looking at 100 new cases a day. Then when bars and restaurants opened in June, it changed behavior, allowing people to go out again.

She said the positive coronavirus numbers began to fall when the county adopted its mandatory mask ordinance, but rose again when schools reopened and the holiday season began.

When the county reported a record 20,000 positive cases in December, the commission reacted by requiring that all restaurant and bar patrons be seated while indoors when they take their masks off to eat and drink.

But now the party has moved to outdoor spaces where masks aren't mandated.

"We need to increase our efforts to stay safe and help businesses stay open," Castor said. "The data shows that mask wearing matters, that maintaining social distancing matters."

"For too long, we've allowed bars and restaurants to pack in maskless folks," Overman said.

County Commissioner Mariella Smith defended Overman's amendment.

"It's a very targeted tweak of what we've already done," Smith said. "This just applies to bars and restaurants outside when it's not possible to social distance. It won't impact their businesses."

In fact, she said it will help bar owners and managers to maintain order when confronted with rowdy crowds flaunting coronavirus mandates.

"There's a restaurant in my neighborhood that makes a point of saying, 'This isn't our rule; it's the county's rule.' Owners and managers can post a sign spelling out the county's rules, and it makes it easier to explain to customers."

Smith noted that a national coronavirus task force headed by then-Vice President Mike Pence reported last week that the threat in Florida is dire and will become more critical as the more aggressive mutation of the virus spreads throughout the state. The task force recommended more aggressive action to match the more aggressive mutation.

"This wasn't a fringe group saying this. It's a report targeted at our state from Pence's task force, Smith said. "As politicized as this issue has become, it’s not a political issue. It’s a public health and safety issue.

Commissioner Stacy White, however, said this is not the right time to put more restrictions on bars and restaurants, which have just begun to recover following the coronavirus shut-downs.

"I cannot support it," he said. "Our small businesses have just been put through s0 much and, as a policy, I just think this would be overkill."

Commissioner Harry Cohen agreed.

"I just think applying this outdoors takes it a step too far," he said. "It's going to undermine us if we continue to expand it (the coronavirus emergency order) beyond its scope. It will undermine our overall message and credibility. I recognize it is well-intentioned, but the enforcement issues related to this are just going to be difficult. We have to trust people to act on the information we’ve given them."

Realizing she didn't have the votes to pass an amendment to the ordinance, Overman changed her motion to make the wearing of masks outdoors at bars and restaurants "a strong recommendation," rather than a mandate.

The majority of commissioners, however, weren't in favor of the concession. The commission voted 5-2 against it, with Overman and Smith voting in favor.