The mask ordinance the Hot Springs Board of Directors unanimously adopted Tuesday night requires the use of 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 the 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 (Arkansas Department of Health) directives and each individual establishment's mandates."
The ordinance the board adopted was drafted by the Arkansas Municipal League at Gov. Asa Hutchinson's request. It's the template the state provided cities to promote the use of face coverings in their jurisdictions.
City Attorney Brian Albright told the board Tuesday that AML's model ordinance complements the state's public health directives and guidance, explaining that, unlike mask ordinances other cities have adopted, the model 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 local law enforcement will act in an educational capacity when responding to calls of people not wearing masks, directing officers to educate people on the importance of wearing masks in accordance with Health Department guidance.
The ordinance allows officers to tell people who refuse to comply with a businesses' 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 the resolution of support for face coverings that the ordinance replaced on the agenda was a better course of action. Emails submitted to the city clerk's office in advance of the meeting fell on both sides of the issue.
The directors said constituent feedback they received was decidedly in favor of the ordinance.
"I think we're going to have a little bit of a challenge educating the public on exactly what this is," District 1 Director Erin Holliday told the board. "Some of the concerns had to do with fines and some stuff that's not part of this ordinance. We're all here to speak on behalf of our people. At least everyone who's reached out to me has been overwhelmingly in support of this ordinance."
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.
"First and foremost, the board passed this ordinance to demonstrate the city's dedication to the health of our residents and visitors," the city's Q&A said. "Additionally, the health of our local economy, the reopening of schools and a return to the life in Hot Springs to which we have been accustomed are all dependent on finding ways we can live through this pandemic and suppress the spread of COVID-19 as much as possible."
Albright said the city clerk's office will be mailing copies of the ordinance to all businesses in the city limits.