Measure To Protect Public's Right To Wear Face Masks Voted Down

HILLSBOROUGH COUNTY, FL — The Hillsborough County Emergency Police Group has shot down a proposal that would have given employees the right to wear face masks to protect themselves against the coronavirus and prevent business owners from banning masks.

The policy group, in charge of issuing orders to protect the public's health and safety during the coronavirus pandemic, voted 4-2 against a proposed order that would allow people to wear face coverings in public and private settings unless they were prohibited by state or federal law.

Kimberly Overman, one of three county commissioners who sit on the EPG, asked the group's attorney's to draft the order, which she said is especially critical now that the state has relaxed its stay-at-home order and people are returning to work.

She said the order, which would be in place only for the duration of the county's state of emergency, would give everyone the right to wear masks and prevent employers and business owners from prohibiting face masks.

Dr. Douglas Holt, director of the Hillsborough County division of the Florida Department of Health, has emphasized that the use of face masks can protect people with compromised immune systems and other pre-existing conditions from contracting the coronavirus. Additionally, he said they can prevent asymptomatic people from spreading the virus.

"I realize there's a difference of opinion on how effective face masks are but people should be given the option to use them," she said. "While we're not mandating the use of face masks, but people are now returning to work and I want to make sure that employees and the public are allowed to wear them if they choose."

Plant City Acting Mayor Andy Ross, however, said he felt the EPG was overstepping its responsibilities by getting involved in employer/employee relations.

If there's going to be an ordinance that allows everyone to wear a face mask in any situation, he said, it should go through the regular public hearing process, giving employers and labor unions an opportunity to weigh in.

"The EPG is for acting quickly in emergencies," he said. "I don’t think we should overstretch our powers and circumvent the normal legislative process."

He said his concern is the order would prevent someone hosting a private event from telling attendees they can't wear a mask. Violations would be a second-degree misdemeanor.

"It's an overreach," he said. "You have the choice not to attend."

Plant City Mayor Rick Lott said the order would also force small business owners dealing in coins, jewelry and other valuables to allow potential robbers to enter the businesses wearing face masks to hide their identities.

"This order does not say it only protects employees from mean employers," Lott said. "It says no one can prevent anyone from wearing a mask no matter what setting. If someone decides to come into a coin shop with mask that covers the face, you can’t refuse to buzz them in."

He said the order goes beyond the purview of the EPG.

"When I look at the role of the EPG, it is not to get into employment law," Lott said. "We haven’t done enough research to find out what kind of jobs are out there where employees can’t perform the job if they wear masks. There needs to be a lot of outreach with public hearings. I know the intent is good but I don’t want to overstep without a lot more research and data. I don’t think this is part of what we should be doing. We're overstepping our role."

He said there are already labor laws, the Americans with Disabilities Act and Occupational Safety and Health Administration regulations that protect employee rights.

Overman said the order wouldn't circumvent the state and federal regulations already in place.

"This is a temporary order in line with our emergency responsibilities in relation to public health. I’m not asking people to violate OSHA rules or any other guidelines established for employment groups," she said. "I'd just like to protect those employees who would like to go back to work but clearly can’t if they can’t protect themselves. Employees should not fear being terminated for wearing a mask. There are 1.4 million people in this community with pre-existing conditions."

Tampa Mayor Jane Castor agreed, noting that Hillsborough County is experiencing a upsurge in coronavirus cases after lifting the business restrictions.

She pointed to a recent study indicating that, if everyone wore face masks, the spread of coronavirus would be decreased by 80 percent in two weeks. Additionally, she said a survey conducted by Hillsborough County indicated that the majority of residents (52 percent) favor wearing masks.

"I believe what Commissioner Overman has brought forward is a simple step for individuals to protect themselves, and it will expire when the emergency order expires," said Castor. "This is a very simple issue and it’s trying to be framed as something more difficult than it is. Data shows the public is in favor and evidence shows they (masks) protect people from the virus. It’s being blown out of proportion in my personal opinion."

The EPG attorney who worked on the draft order, Rudy Haidermota, told the group members that the order is legally defensible and falls within the EPG's responsibility to protect the health and safety of the public during the coronavirus emergency.

Nevertheless, the EPG voted 5-3 against the order with Overman, Castor and Hillsborough County Commissioner Chairman Les Miller voting in favor of the measure.