Hot Springs clarifies mask ordinance’s intent
HOT SPRINGS — The mask ordinance the Board of Directors unanimously adopted Tuesday night requires face coverings in accordance with state public health guidelines but doesn’t require people to wear masks.
The city attempted to reconcile the text of the law with its intent Wednesday, using a question-and-answer format to explain the practical implications of the ordinance.
“The wearing of face masks remains a personal choice,” said the response to a question asking what happens if someone chooses not to wear a mask. “However, access to certain businesses will be restricted for those who choose not to wear a face covering, based on [state Health Department] directives and each individual establishment’s mandates.”
The Hot Springs ordinance is similar to ordinances or resolutions adopted by other Arkansas cities that encourage the wearing of masks in public, including Little Rock, Conway, Maumelle and Eureka Springs.
The ordinance the Hot Springs adopted was drafted by the Arkansas Municipal League at Gov. Asa Hutchinson’s request.
City Attorney Brian Albright told the board Tuesday the Municipal League’s model ordinance complements the state’s public health directives and guidance, explaining the ordinance doesn’t assume authority reserved for the state.
“This ordinance that you’re considering doesn’t require anyone to wear a mask,” Albright said. “The directives for the state of Arkansas are what do that, not the city of Hot Springs. The city of Fayetteville passed an ordinance that requires all of their inhabitants and visitors inside the city of Fayetteville to wear a mask everywhere.
“That is overreaching. The city attorney at that very meeting told them that was overreaching. The governor has also commented that’s overreaching. They were without the authority to do that. This does not expand what the state has already directed, and it does not impose its own penalty.”
Albright told the board any criminal penalties would proceed from the authority the governor invoked through the public health emergency declaration he extended last month. The ordinance stipulated that when local law enforcement officials respond to calls of people not wearing masks, those officials will act in an educational capacity.
The ordinance allows officers to tell people who refuse to comply with a business’s mask requirement to leave the premises.
“At that point, I would advise the Police Department to give the individual a warning that they’ve been asked to leave,” Albright told the board. “If they’re not willing to be compliant, and if they do not leave, they could face other actions such as criminal trespass, or if they’re upset and rowdy, disorderly conduct or perhaps interference with governmental operations.”
Several people who attended Tuesday night’s business meeting spoke in opposition to the ordinance, telling the board a resolution of support for face coverings, which the ordinance replaced on the agenda, was a better course of action.
The ordinance was adopted with an emergency clause, making it effective immediately. It can remain in effect for the duration of the state’s public health emergency.
“This ordinance that you’re considering doesn’t require anyone to wear a mask. The directives for the state of Arkansas are what do that, not the city of Hot Springs. — Hot Springs City Attorney Brian Albright