Supervisors consider plan to fine people for not wearing masks

REDWOOD CITY » San Mateo County supervisors are considering imposing fines on anyone who doesn’t comply with public health rules as the coronavirus pandemic continues to wreak havoc across the Bay Area.

Just days after the county went on Gov. Gavin Newsom’s state coronavirus watchlist, Supervisor David Canepa of Daly City is proposing an emergency ordinance today that would fine individuals from $100 to $500 if they fail to observe the county’s mask rules in public.

Those who continue to violate the new ordinance would face a fine of $250 for a second offense and up to $500 for every subsequent violation. Commercial businesses could also be fined up to $3,000 for not complying with county health orders.

San Mateo County would join Napa, Marin and Yolo counties in imposing fines on people who refuse to wear masks. In Marin County, officials can impose up to $10,000 in fines for businesses that do not follow public health orders.

But the new San Mateo County ordinance won’t simply punish those without masks with a fine, Canepa said in an interview on Monday.

He said that officers tasked with enforcing the new rules — which include environmental compliance officers, park rangers and county staff working alongside law enforcement — will be handing out personal protective equipment. And, if a person refuses to accept it, then a fine will be imposed, Canepa said.

“We’re decriminalizing it because right now it’s a misdemeanor to violate public health orders,” Canepa said. “We’ve taken it from a criminal action to civil. What we do is we invest a lot of money on PPE and we say to folks, ‘Hey, look, we just want to make sure we’re aware of the fine.’ If they say ‘no, it’s my freedom, it’s my right not to wear a mask,’ then that’s $100.”

Frustrated with a lack of results from the county’s coronavirus safety education campaign, Canepa said the county now needs to think about how it ensures residents are wearing masks. After the county was placed on Newsom’s watchlist that adds restrictions on counties, Canepa said San Mateo County residents need to get serious about safety if they ever want return to normal again.

Canepa is also frustrated with the lack of response from the state and criticized the governor’s coronavirus strike force who he said is not being aggressive enough in enforcing public health rules.

“What’s really frustrating is people are still in defiance of these health orders and by doing that they’re killing people. They’re killing people and they’re killing our economy.” — Supervisor David Canepa of Daly City

“We’ve tried education, everyone has tried education,” Canepa said. “We have to say clearly, ‘wear your mask or you’ll be fined.’ What’s really frustrating is people are still in defiance of these health orders, and by doing that they’re killing people. They’re killing people and they’re killing our economy.”

It’s not clear yet how the vote will go today, but Supervisor Warren Slocum has already signed onto Canepa’s urgency bill. Supervisor Don Horsley said in an interview last week that he plans on voting for the bill, but Canepa needs four votes to pass an emergency ordinance.

“We’re all responsible for getting this virus under control,” Horsley said. “Wear a mask so we can get back to work, so we can get businesses back up and so we can go back to church or the gym or whatever you want to do.”

But Horsley is wary of the proposed enforcement of the new rule. Under the proposal, county officials, including sheriff’s deputies, would be tasked with handing out citations to violators.

“I do not support having deputies enforce it,” he said. “But other agencies, sure. I just think with all the demands for social justice, it’s an unfair position to put them into. With all the claims about unequal treatment, I don’t want to put law enforcement in that position.”

Horsley said it’s people’s “social responsibility” to wear them.

“We’re not preventing you from speaking or assembling, what we’re saying is you have a responsibility to your neighbors,”

Horsley said. “We are all responsible for getting this virus under control.”

Supervisor Carole Groom expressed reluctance on imposing fines.

“It doesn’t feel right,” Groom said. “I just don’t know that fining is the way to do it ... but I understand if we scare a few people they’ll start wearing them.”