Council seeks a mask ordinance with muscle

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Fayetteville and Rogers were discussed at Monday’s city council meeting as both cities have recently adopted a mask ordinance during the Covid-19 pandemic. These ordinances have no penalty or punishment to those who do not wear a mask, but rather to the business that caters to them.

Earlier, businessman Mark Hughes had his Public Comment read by Clerk/Treasurer Ann Armstrong, questioning the responsibility of storeowners to police the public in wearing face masks. Hughes urged council to “protect the people who keep this town afloat,” and recommended Eureka Springs adopt a mask ordinance with active support from city leadership.

Alderman Bob Thomas said Fayetteville is imposing fines to business owners who allow customers to violate the ordinance, and no penalty for those who do not wear masks. Fines have been criticized as not being in line with the directive from the governor, who has refused to levy a penalty for ignoring mask recommendations.

City Attorney Tim Weaver said, “We don’t want to penalize the shopkeepers.”

Aldermen were clearly frustrated with having their hands tied by the state and discussed their constituents’ desire to have masks mandated with a penalty. “We would like to see mandatory masks,” aldermen Melissa Greene said.

“We have been informed there is nothing more we can do,” alderman Terry McClung answered.

“There’s got to be something we can do,” alderman Mickey Schneider responded.

Weaver did offer the idea of trespassing as an alternative to business owners who require masks within their stores but have no punitive enforcement. He said that if people come into a business and refuse to cooperate with the mask rules they can be asked to leave, and if they do not it is considered trespassing, punishable with a fine and possibly jail time.

The other option, according to Weaver, is to construct and pass a resolution to be sent to the Gov. Asa Hutchinson requesting power to the cities to mandate masks with a penalty. Weaver said the city has no way of enforcing a mask mandate under the governor’s present rule.

Greene made the motion for Weaver to create such a resolution to be considered at the next meeting, and it was passed unanimously.