Written by Tana M. Fye
Last night, the Holdrege City Council adopted Emergency Ordinance 2443, which is a mask mandate. It will be located in Chapter 4, Article 1, Section 4-105 through 4-116 of the Holdrege Municipal Code. The Municipal Code can be found here, although as of today’s writing, the Emergency Ordinance is not yet incorporated into that code. The agenda from last night’s meeting, as well as the ordinance itself can be found here.
I’m not going to go into science, or justifications, or policy implications relating to this mask mandate in this post. The City Council heard the testimony of many concerned citizens both for and against the mandate, and chose to adopt it. Instead, I’m just going to summarize the key points of the ordinance, to make it easier for individuals and businesses to understand the ordinance and make it easier to comply with.
This post, as with all other posts on our website, does not constitute legal advice or create an attorney-client relationship. Instead, it is simply for informational and educational purposes. If you have questions about your particular situation, you should seek the advice of an attorney.
- Effective date: This ordinance takes effect on Thursday, December 10, 2020 at 12:01 a.m.
- Sunset provision: The ordinance will expire on February 23, 2021 at 11:59 p.m. Holdrege, Neb., Ordinance 4-115.
- A face covering has to cover the nose and mouth completely. It includes paper and disposable face masks, cloth face masks, scarves, bandanas, neck gaiters, or religious face coverings. Face coverings with visible gaps, openings, or vents are not sufficient. Holdrege, Neb., Ordinance 4-106(1).
- Face coverings are required in “premises that are open to the general public” within Holdrege city limits. Premises that employ or engage workers are included. Daycares and schools are included. Basically, if it is a place where people will be gathered together, other than a home, it is probably included. Posting signage that the premises are not open to the general public is likely insufficient to get around the requirement of the wearing of masks. Holdrege, Neb., Ordinance 4-106(2), 4-112.
- If you are the individual or entity “which maintains premises that are open to the general public”, you need to require all individuals to wear a face covering in your premises, and need to post at least one sign visible to all who enter that gives notice of the requirement to wear a face covering. This puts the duty on business owners to require masks in their place of business. Holdrege, Neb., Ordinance 4-108, 4-109.
- There is a $25 fine for the each violation of the ordinance. It is considered a city misdemeanor. The City can also use civil abatement procedures against properties that fail to comply. Holdrege, Neb., Ordinance 4-113, 4-114.f
- Exceptions from Holdrege, Neb., Ordinance 4-108, 4-110:
- Areas where the City of Holdrege is not able to exercise dominion or control, and which are able to set their own policies regarding facial coverings. This includes courts of law (although many courts, including the District Court in Phelps County, do require face coverings in the courtroom currently); public utilities; federal, state, or county operations; group homes and residential drug and/or mental health treatment facilities; shelters; airport travel; election offices; polling places on an election day; or residential dwelling units.
- Kids under age 5.
- Individuals working if the face covering would create “a job hazard”.
- Individuals who are alone in an office, room, vehicle, the cab of machinery, or an enclosed work area (although these individuals should have a face covering ready for face-to-face interactions and when not alone).
- Individuals in a workstation surrounded by a solid plexiglass/plastic unmovable barrier.
- Officiants of religious services.
- Individuals communicating with those with home communication with facial covering is difficult (but then you have to maintain 6 feet of social distancing).
- Swimming and showering.
- Indoor exercise (but then you have to maintain 6 feet of social distancing).
- Individuals playing musical instruments that cannot be played with a face covering (such as brass or woodwind instruments) (but then you have to maintain 6 feet of social distancing).
- Public safety workers in situations where wearing a face covering would “seriously interfere” in the performance of those responsibilities.
- Participants in sporting events while they are playing the game (but coaches, spectators, etc. are required to wear face coverings).
- Those seated at a bar or restaurant to eat or drink.
- Individuals whose occupation prevents the wearing of a face covering.
- When temporary removal of the face covering is necessary to verify identity or where obtaining the service/good requires temporary removal.
- Providing a speech, lecture, or broadcast to an audience (but then you have to maintain 6 feet of social distancing).
- Individuals who cannot otherwise wear a face covering because of a medical condition, a mental health condition, or a disability that makes it unreasonable to wear (but you should be prepared to provide documentation of this).
- Those in charge of their premises are able to make more restrictive face covering policies if they wish. Holdrege, Neb., Ordinance 4-108.