Does Concord Need A Mask Ordinance? Public Hearing Held Monday

CONCORD, NH — The Concord City Council has created a new mask-face covering ordinance in an effort to limit the spread of the new coronavirus — despite the fact that very few residents have COVID-19 right now and only a very tiny segment of the population has caught the virus during the past six months.

If approved, the ordinance would require some form of face covering, "made of cloth, fabric, or other soft or permeable material, without holes, that covers at least the nose, mouth, and surrounding areas of the lower face," to be worn by employees or any member of the public inside any for- or non-profit business but not home businesses, private residences, restaurants, or houses of worship — due to state ordinances already in place.

Masks must also be worn in "any outdoor area where business of any sort is conducted" including work sites and city of Concord government buildings as well as all elevators and stairwells of city-owned parking garages.

Read the full ordinance here.

Members of the public on trails, sidewalks, and other public ways or recreational spaces are also "strongly encouraged" to wear face coverings when the 6 feet social distancing recommendation cannot be maintained.

Masks are not required if a patient has to remove the mask for a procedure like a dental exam or when requested to have them removed by a law enforcement officer or medical provider.

The city's ordinance will not supersede emergency or executive orders made by Gov. Chris Sununu.

Concord police officers will be required to enforce the mandate, according to the ordinance.

Members of the public who are caught not wearing a face covering will first receive a written warning. If they are caught not adhering to the mandate a second time, they will be fined $15. And $15 after that, according to the ordinance. If the noncompliant individual fails to pay the fine within 10 days, it will be doubled. After 20 days, the fine is quadrupled to $60.

"Failure to pay the penalty fee after 20 business days may also result in the issuance of a summons to appear in court to answer to the charge of violating the ordinance," the ordinance said.

If approved, the ordinance will be in place until Jan. 2, 2021.

Earlier this year, about two months into the pandemic, when New Hampshire was reporting more than 80 positive cases per day, the council discussed a mask ordinance. Most councilors spoke out against the ordinance, saying the intent could backfire and would be hard to enforce.

At the time, Concord had 41 positive COVID-19 cases and 71 accumulative cases during two months. There were also two ReOpenNH rallies held in Concord protesting the state lockdown. Despite many attendees not wearing masks, there were no outbreaks connected to the rallies, according to health officials.

Nashua, not long after the council meeting in mid-May, approved an enforced mask ordinance. Other communities, including Durham, Enfield, Keene, Lebanon, Newmarket, and Plymouth followed. The town of Lyme and the city of Portsmouth also have unenforced face coverings mandate, according to NHPR.

Three months later, minds on the council seem to have shifted — despite the limited and diminished risk.

Part of the move to implement the ordinance, some say privately, was complaints by retailers in the city about some customers not wearing face coverings when requested to. Retailers want the best of both worlds: They want their customers' money but do not want to alienate the ones who will not wear face coverings in their stores. If the city had an ordinance, the thinking goes, then retailers could place the blame on the city and not themselves, according to officials.

Not unlike the Concord Board of Education, which voted to move the entire school district to fully remote learning despite Concord's tiny COVID-19 numbers and limited youth infections, councilors seem to be letting fear get in the way of facts. As of Sunday, Concord has five cases and 149 accumulative cases in the city across more than six months — or a little more than three-tenths of 1 percent of the city. There have been 23 deaths in the entire county which has a population of around 150,000. The city has had between 1 and 10 active cases during the last five weeks. Nine positive test results were reported in the entire state Sunday.

As former Concord City Councilor Robert Washburn put it in a recent Neighbor Post on Patch, the mask ordinance "is a politically correct solution searching for a non-problem."

Many residents agreed, according to emails and letters sent to the council.

"If a merchant, school, etc. makes it a requirement for entrance, it is their right," one emailer, who said he was in his 70s, wrote. "But it is our right to (choose) whether or not to enter and it is our right not to be made to wear a mask and we will not."

Read the full public testimony here.

One Concord business owner who was "barely hanging on" also spoke against the mask ordinance saying he could not lose any more business based on requiring people to wear face coverings when they did not want to.

Another city resident said the original purpose for masks and social distancing was to "flatten the curve" and that had already been accomplished. Another suggested government overreach "has got to end."

But other residents thought it was a good idea — especially for visitors and residents who could not guarantee the 6-foot social distancing recommendation.

"The business owners will have something to back them up if they require people to wear masks but individuals refuse to do so," one business owner said.

"Wearing a mask is an act of kindness for others," wrote another.

Another resident likened it to wearing shirts and shoes in an establishment while another said it was a small thing everyone can do to protect the community.

Meeting Info

The council will be hosting the meeting via Zoom at 7 p.m. on Monday, Aug. 31.

• The Zoom Meeting Link can be found here: https://us02web.zoom.us/j/83175728546
• Telephone Dial Info: 929 205 6099
• Landline: 877 853 5257
• Webinar ID#:831 7572 8546

To offer an opinion in writing, email the Concord city clerk here.

Got a news tip? Send it to tony.schinella@patch.com. View videos on Tony Schinella's YouTube channel.