Concord City Council Overwhelmingly Rejects New Mask Mandate

CONCORD, NH — After more than two hours of testimony and dozens of emails on both sides of the proposal, the Concord City Council rejected a mandatory mask mandate.

The four-page ordinance would have essentially made permanent a requirement of wearing a face covering or mask-wearing in public locations to stem the coronavirus unless community transmission rates to “low” or fewer than 10 cases per week per 100,000. For Merrimack County, the ordinance would be in place until the pandemic dropped to fewer than 15 COVID-19 cases per week in the county, essentially making the requirement practically permanent.

The proposal would have required employees of all businesses to wear masks when within 6 feet of a co-worker or customer including restaurants, and apartment complexes and commercial buildings with more than two units. People working out at gyms, churches, schools, and non-municipal governmental buildings were exempted from the ordinance. Customers of personal care services like facials and hairdressers would be exempted while being serviced.

Violations of the ordinance would first be verbal or written and then fined $25 for a second violation and $50 for a third violation.

During the course of a number of weeks, councilors received dozens of emails from residents, patrons of the city, business owners, residents of neighboring communities, and other concerned citizens who had raised all kinds of issues including public safety, the efficacy of masks, studies, fears, and other comments.

At the meeting, a handful of people spoke in favor of the ordinance, saying the explosion of cases required the city to act. But many more spoke against it — citing constitutionality, people targeting others for not wearing masks outside, and whether they actually prevented the spread of the virus. A number of people testified the masks were harming both the physical and mental health of children and raised concerns about future social credit systems and obedience to government entities, indoctrinating others to not truly be free or take personal responsibility for their own health and that of others, too.

During the action phase, Fred Keach, an at-large city councilor, said he would be voting against the proposal. While he admitted to wearing face coverings a lot, he said it was like wearing a seatbelt — don’t wear one if you don’t want to, but it is kind of silly if you do not, he said. He also raised concerns about enforcement.

Ward 2 Councilor Erle Pierce said he had some concerns about the proposal, too, including the section which required all businesses, not just retail to enforce the mandate.

Candace Bouchard, who represents Ward 9, called the ordinance potentially confusing to some. She said, instead, energy should be focused on encouraging people to get vaccinated. Some masks, she added, were not created equal — lending credence to the concern of some that cloth masks might not make a difference.

“I think the population has been educated,” she said. “I think we need to take some personal responsibility here.”

Ward 3 Councilor Jennifer Kretovic said in December, she would have supported the ordinance. But after talking to nurses, who emphatically told her people needed to get vaccinated, she was not sure about the proposal.

“The point is,” she said, “we should be encouraging everyone to get vaccinated. We need to bring our circles of friends in around us.”

Mayor Jim Bouley said he did a lot of research on the subject and was uncomfortable with using the Merrimack County transmission threshold as the point when Concord would repeal the mask mandate.

Nathan Fennessy, a citywide at-large councilor, raised the issue of the wording of requiring masks in "common spaces" in apartment buildings and business complexes, which was part of the proposal. He said, with some condo associations, common spaces referred to areas outdoors.

Ward 10 Councilor Zandra Rice Hawkins, who requested the ordinance, made a number of amendments to fix some of the concerns.

Rice Hawkins proposed adding the word “indoor” near the common space section of the ordinance. Another amendment was a reduction from 6 feet to 3 feet for gyms in No. 9 of the ordinance, which was requested by some of the companies. Rice Hawkins also requested the creation of another provision, later called 12A, allowing musical performers and other live performers to remove their face coverings while performing — a process that would not be allowed the way the ordinance was written.

Ward 4 Councilor Karen McNamara also requested an amendment to take away “low” as the threshold in Section II for a repeal to “moderate.”

Bouchard said the amendments were watering the proposal down.

“I just don’t see where we are going with this,” she said.

Stacey Brown of Ward 5 said members of the community have told her that they wanted the proposal and would work to improve it.

The amendments, however, failed by a voice vote. A roll call vote was then requested and the amendments failed, 5 to 10.

Rice Hawkins called a point of order for reconsideration but other councilors said she could not request one because she voted on the losing side. She said, however, some people who helped to work on the ordinance were now voting against improving it. Rice Hawkins said, frustratingly, she came back early from holiday to work on the ordinance.

“I’m literally just requesting a reconsideration,” she said.

A reconsideration was not accepted.

Pierce proposed adding the word “retail” before the word “business” in No. 2, which would limit the mandate to employees who would be interacting with customers and not people inside office buildings, not engaging with the public.

Rice Hawkins said she struggled with the idea but thought the stricter provision, covering all businesses, was what was needed, especially after listening to so many residents who testified against the mandate, questioning public health and science.

“That said, if there is a way to get this ordinance through, I can support it,” she said.

Brown said some business owners, including Michael Herrmann from Gibson’s Bookstore, wanted the city’s backing on the mandate. Patients, she said, were also afraid to go and see a doctor at the hospital because they feared being next to others, without masks, in the same waiting rooms.

“They need to do the right thing,” she said.

The retail change amendment failed by voice vote but a roll call vote was requested and the amendment failed, 6 to 9.

The council then took up the ordinance.

Rice Hawkins, sensing defeat, said she did not think she was going to change the trajectory of the council, but read a number of comments anyway by from “afraid” to come to the meeting, while holding back tears.

Byron Champlin, an at-large city councilor, thanked Rice Hawkins and McNamara for their work on the ordinance and said he heard from both sides of the issue and tried to balance all of those opinions and expressions. The key was acknowledging everyone’s experience. He said he was leaning towards voting for it. But without an exemption for performers, he would have to vote against it. Champlin also urged residents to get vaccinated.

Bouley called the pandemic detrimental to everyone and agreed vaccination was the way to get out of it. He also believed in wearing masks and adhering to social distancing. Bouley said a number of health care workers told him councilors were not members of the medical profession. But, as public policy leaders, they should be promoting vaccinations. Bouley also prepared a resolution by the council to promote mask wearing and encourage rules for city buildings if the proposal failed.

Kretovic said a lot of the testimony she received was before the ordinance was even written. All the reactions were either “do something” or “do nothing,” but not based on anything she could make a decision on, she said, since there was no proposal. After seeing the proposal, she was against it, stating it did not follow the CDC recommendations — which was to get vaccinated so people would no longer have to wear masks. It was too restrictive, which is why she was not in favor of it, she said.

Pierce said he, too, had received a lot of emails, especially those who thought it was really important. It had flaws, he said, but it was needed.

A voice vote was held and it was rejected. Rice Hawkins requested a roll call vote and it failed, 4 to 11.

Bouley then passed around a copy of the resolution but it was immediately challenged by Rice Hawkins.

She insinuated the resolution made it look like the council was doing something when it was not. Rice Hawkins called it a “feel-good resolution … that is definitely my opinion.”

The resolution, however, was approved by the council.

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