Longboat Key votes to extend mask policy

Longboat Key’s emergency mask ordinance will remain in effect for another 60 days, but its enforcement will be different compared to that of the last several months.

The Longboat Key Town Commission voted unanimously Monday morning to extend the town’s mask policy, which will remain in effect until May 21.

“The reality is it’s become very difficult in the legal framework for local governments to adopt something that they can enforce through their enforcement means, which is a civil citation process,” Town Attorney Maggie Mooney said.

Gov. Ron DeSantis issued an executive order earlier this month, which Mooney said eliminates fines that municipalities can administer against businesses. Months ago, DeSantis issued an executive order that suspended municipalities’ ability to administer individual fines related to local mask ordinances.

“The significance of the two executive orders is, again, that we have, as a local government, we do not have any further enforcement power through civil citations [or] civil fines against individuals or businesses going forward,” Mooney said. “So, we had to modify our ordinance to address the state of the law.”

The town began requiring masks ahead of the 2020 Independence Day weekend. For months, the town’s policy was enforceable as it relates to private businesses even after DeSantis suspended individual fines and penalties.

Town Manager Tom Harmer said the town has not issued any citations against people or businesses. However, Harmer said the town’s police department has responded when it has received complaints.

“In every case, they either left and no longer were in violation, or they became compliant,” Harmer said.

The town’s new emergency mask ordinance is summarized in three parts:

• Encouraging every person in the town to wear face coverings indoors and outdoors. It encourages businesses to post signs within their buildings recommending that the public and business employees wear face coverings.
• Mandate a mask requirement in all town facilities and buildings. There are still qualifying exemptions to mask requirements, including the ability to socially distance, eating, drinking or children younger than 6.
• Allowing every business in town the option to require face covering to enter and patronize their business.

“Businesses are within their purview to post signs on their door and require that the individual patrons of the business wear a mask and if people fail to do so, the business owner or representatives or designee are within their right to contact our police department and have these individuals removed as a criminal trespass if they fail to observe the businesses’ requirements,” Mooney said.

Mooney and Harmer said the town examined other municipalities throughout the Tampa Bay area to model its newest mask ordinance. Even though there are enforcement challenges, Harmer said they did not discuss the possibility of changing the ordinance to a resolution.

“We’re going to do the best we can as a local government to take a strong stand to say, ‘we are still in a state of emergency,’ but we are limited on how we can enforce those things,” Harmer said.

Monday’s decision comes after the Sarasota City Commission allowed its mandatory mask ordinance to expire. On Feb. 17, the Sarasota City Commission voted against extending its mandatory mask ordinance, with several city commissioners citing DeSantis’ decisions as to the reasons why. The city of Sarasota’s mandatory mask mandate ended on Feb. 25.

On March 15, Sarasota commissioners reconsidered their vote but failed to carry the required 4-1 majority over questions of enforcement.

Longboat Key commissioners are expected to take up the town’s mask ordinance again ahead of the Memorial Day holiday weekend.

So far, more than 5,000 people in Longboat Key’s 34228 ZIP code have received a COVID-19 vaccination. The town has about 7,000 full-time residents.