Bluffton leaders to consider mandatory mask rule amid recent spike in COVID-19 cases
As other South Carolina cities implement stronger rules amid a recent spike in COVID-19 cases, Bluffton leaders have scheduled an emergency meeting to consider an ordinance that would require residents to wear masks in public.
Bluffton leaders announced the meeting Friday afternoon — less than a day after Hilton Head Mayor John McCann called a special meeting to vote on a similar ordinance requiring residents to wear masks when visiting grocery stores and pharmacies.
The difference: Violators of the ordinance in Bluffton are subject to a civil fine, while on Hilton Head it’s a misdemeanor.
Bluffton’s ordinance — which town council will consider at 2 p.m. on Tuesday — is drafted similar to the City of Greenville’s ordinance which requires face masks or covering for customers and workers in grocery stores and pharmacies, Bluffton Mayor Lisa Sulka told The Island Packet on Friday.
“The areas we are most worried about are the businesses,” Sulka said. “This is totally focused on the science that we’re hearing from DHEC. Our town has the most cases in [Beaufort County] and if this can curb it, I’m all about it.”
Bluffton Mayor Pro Tem Fred Hamilton said he would vote in favor of a mask requirement.
“Bluffton is leading the county as far as the virus spreading, and I think Bluffton should also lead the effort in trying to be proactive — although we’re being reactive right now,” he said. “We have to do something different if we want a different outcome. It’s time for change as far as the leadership of Bluffton asking our citizens to be a little uncomfortable now by wearing a mask but hope for better results in a couple weeks to a couple months.”
The proposed ordinance in Bluffton would require all customers to wear masks when visiting grocery stores and pharmacies and require all restaurant, retail, salon, barber shop, grocery store and pharmacy employees to wear face coverings when interacting with the public.
People who, due to age or underlying health conditions, are unable to safely wear a face covering without the assistance of others are exempt from the new proposed ordinance.
Violators of the proposed ordinance will be punished by a fine of no more than $50.
Each day of non-conformance is considered a separate offense, and repeated offenses may result in suspension of occupancy permits or business licenses, according to the proposed ordinance.
Repeated violators may be declared a public nuisance, according to the ordinance, but “every effort shall be made to bring the person or business into compliance before issuing a citation.”
If approved by four of the five council members on Tuesday, the new rules would go into effect at noon on July 1 and expire on Aug. 31.
The rest of Beaufort County
The announcements from Bluffton and Hilton Head follow a string of S.C. cities, including Columbia, Charleston and Greenville that are now requiring masks in public areas.
Beaufort Mayor Billy Keyserling on Friday said a draft ordinance that would require people to wear masks in some form in the city is being circulated among council members and is being reviewed by the city attorney.
The mayor said he hopes to schedule a public meeting for Monday or Tuesday to discuss the proposed law and anticipates informing the public of the meeting as soon as possible.
In an emotional letter sent to Keyserling on Thursday, the head of Beaufort Memorial Hospital wrote that requiring people to wear masks in public could prevent a wave of COVID-19 cases from overwhelming the medical center.
“The only way to stop this current surge is universal masking,” wrote hospital CEO Russell Baxley. “The only way to save lives is universal masking.”
Previously, Hilton Head and Bluffton have “encouraged” residents to wear masks in public, but there has been public outcry about lack of compliance as coronavirus cases in Beaufort County continue to rise.
Hilton Head’s proposed mask ordinance would make face masks mandatory for customers in grocery stores and pharmacies, but no other establishments such as restaurants and bars. It would also require employees of restaurants, bars, retail stores, salons, grocery stores and pharmacies to wear face masks at all times they are in the same place as the public or near another employee.
If the ordinance passes on Monday, any person who violates the face mask rule would be guilty of a misdemeanor. A misdemeanor is punishable by a fine of up to $500 or 30 days in jail.
At the county level, leaders discussed creating a county-wide mask policy during the Beaufort County Council caucus meeting on Monday. Spokesperson Liz Farrell said the county is waiting to see what area municipalities do and then council will discuss a plan at its next meeting on July 13.
“I personally think that going out into public without a mask is an issue,” Council chairman Joe Passiment told The Island Packet on Tuesday. “I am extremely concerned that people are not taking this pandemic seriously.”
The question is whether a county-wide ordinance requiring masks in public would have full support from council members.
Council member Mike Covert, who represents the Buckwalter and Pritchardville areas of Bluffton in District 7, has been vocal on social media against a mandatory mask ordinance.
“I can tell you right now.....with relative ease, that the majority of Beaufort County Council members have ZERO appetite for this government overreach and overregulation,” Covert posted on Facebook on Wednesday. “If Bluffton feels the need....good luck on enforcing such an unconstitutional act.”
On Wednesday, S.C. Attorney General Alan Wilton said local governments can legally require masks under the Home Rule doctrine.
“Many people are upset about these ordinances and I can understand their frustration. However, just because you believe something is bad government does not make it unconstitutional government,” he wrote. “Sometimes the remedy for a bad government action is not a legal remedy but a political remedy at the ballot box. I hope this helps people understand my position better. If I thought these ordinances were unlawful, I promise you I would be seeking a legal remedy.”
What are other cities doing?
The City of Charleston is the latest of S.C.’s large cities to require residents to wear face masks in public. The city’s new rule will go into effect on July 1 and will last for 60 days.
Starting Friday, the City of Columbia is requiring masks for anyone in public and within six feet of another person. All business employees will also be required to wear masks, The State newspaper in Columbia reported.
The City of Greenville on Tuesday began requiring face masks for covering for customers and workers in grocery stores and pharmacies, Greenville News reported.
In North Carolina, face masks and coverings are now mandatory in public places, The News and Observer reported.
The penalties for violators in each city range from $25 to $100 fines.
Throughout the coronavirus pandemic, the Town of Hilton Head has shied away from passing mask requirements and limitations on short-term rentals, citing the lack of enforcement and threats of lawsuits brought by those who consider it government overreach.
S.C. has seen record highs in coronavirus cases in recent weeks. On Thursday, there were 33 new cases of COVID-19 and 979 total overall reported Thursday in Beaufort County by DHEC.
The Bluffton ZIP code of 29910 had the most cases with 254 total.
