Politics & Government

Beaufort County retracts controversial ‘permanent’ face mask rules. Why?

After public outrage spread across social media last week, Beaufort County Council made another about-face Friday and will no longer pursue a controversial face mask ordinance that has no ending date.

In a statement to The Island Packet and Beaufort Gazette, Council Chair Joe Passiment begrudgingly said the elected body will retract the proposed face mask rules that were intended to replace the county’s emergency mask ordinance, which is effective through Dec. 19.

“Rather than be proactive with a plan, we will be reactive,” the statement said. “When the Emergency Ordinance is about to expire, we will judge, at that time, what next steps we will take.”

The statement also said the county is creating a plan to re-open buildings to the public and hold government meetings in person this month.

Friday’s decision to retract the ordinance came after the council received a heavy volume of criticism in recent weeks due to its behind-the-scenes handling of its former administrator’s resignation and the proposed non-emergency face mask rules.

A small group of protesters hold signs and wave at passing cars Tuesday, Sept. 8 at the four-way stop at May River Road and Boundary Street in Old Town Bluffton. The group was protesting Bluffton’s mask ordinance.
A small group of protesters hold signs and wave at passing cars Tuesday, Sept. 8 at the four-way stop at May River Road and Boundary Street in Old Town Bluffton. The group was protesting Bluffton’s mask ordinance. Kacen Bayless kbayless@islandpacket.com

One vocal critic even dressed as Passiment for Halloween.

The criticism grew increasingly hostile last week when Passiment abruptly canceled plans to stream council meetings on Facebook due to “derogatory” comments.

The proposed mask ordinance was eventually pulled from last week’s council meeting after it received tremendous resistance online from people who described the rules as a “permanent ordinance” that infringed on their civil liberties.

In his statement, Passiment addressed his critics, claiming that the council “was never able to discuss” whether the proposed ordinance would be permanent or in place for “a specified period.”

“Some members of the community assumed that we, and me specifically, wanted everyone to wear masks forever. That is not the truth,” the statement said.

A screenshot of the Oct. 5 special Beaufort County Council meeting
A screenshot of the Oct. 5 special Beaufort County Council meeting

Though the bulk of the criticism came from a small but increasingly vocal group of people that oppose all forms of mask requirements in the county, many others were confused about why the council was planning to pass an additional face mask ordinance on top of its temporary emergency requirements.

In his statement, Passiment defended the now-defunct ordinance.

He said the council intended to create a “proactive” ordinance that allowed the county to “deal with the current and any future public health issues.”

“Our thought behind such an ordinance was that we would be creating a plan along the lines of the evacuation plans we have for hurricanes or any other natural disaster that hit our area,” the statement said.

Beaufort County’s mask rules

Despite Friday’s decision, people are still required to wear face masks when entering all commercial and public buildings in Beaufort County.

Beaufort County’s face mask rules are for businesses in unincorporated parts of the county and are more lenient than the rules in place for most municipalities, like Hilton Head and Bluffton.

One shopper leaves the Kroger at Belfair Commons in Bluffton on Thursday, April 30. Another, wearing a cloth mask, walks to the entrance. The town of Bluffton is asking residents to wear masks when shopping in public.
One shopper leaves the Kroger at Belfair Commons in Bluffton on Thursday, April 30. Another, wearing a cloth mask, walks to the entrance. The town of Bluffton is asking residents to wear masks when shopping in public. Drew Martin dmartin@islandpacket.com

The county’s rules require employees of retail businesses, salons, grocery stores and pharmacies to wear face masks when near the general public or in close proximity to other employees.

The requirement applies to all people using public or commercial transportation and all employees interacting with people in outdoor spaces such as curbside pickup, delivery and service calls.

But, unlike Hilton Head and Bluffton, the only penalties listed in the ordinance are for repeat violations.

Any repeat violations may be declared a nuisance, according to the ordinance, and Beaufort County may revoke a company’s business license if they occur.

Several people or places are exempt from the rules:

Children younger than 2 “or at the discretion of the parent, custodian or guardian”

People who are unable to wear a mask due to age or health condition

Those who are unable to remove a face mask without assistance from others

Anyone who is traveling in a personal vehicle

Anyone who is alone or in the presence of household members in an enclosed space

People who are actively eating or drinking

People actively swimming

When the county’s ordinance expires on Dec. 19, the council will decide whether to extend it — if the number of COVID-19 cases is “stressing our health care facilities and our hospitals” — or modify the rules or allow the ordinance to expire due to a drop in cases, Passiment said.

Am I in unincorporated Beaufort County?

Uneven growth in municipalities has resulted in Swiss cheese-like jurisdictions and pockets of unincorporated territory in Beaufort County. This means that some businesses and indoor public spaces will be subject to different rules from their neighbors.

Beaufort County’s public GIS mapping site includes municipal boundaries for the county. Beaufort’s are marked in red on the map.

The mask rules approved by Bluffton are for people and businesses within the town’s limits. Bluffton, however, has many “doughnut holes,” or areas that are not incorporated.

Although a business may have a Bluffton address, it may be in unincorporated Beaufort County. The Walmart Supercenter at Bluffton Road and U.S. 278, for example, is not within town limits.

To find out if you or your business is within the town’s limits, enter your address in the town’s “Am I in Bluffton” application.

Kacen Bayless
The Island Packet
A reporter for The Island Packet covering projects and investigations, Kacen Bayless is a native of St. Louis, Missouri. He graduated from the University of Missouri with an emphasis in investigative reporting. In the past, he’s worked for St. Louis Magazine, the Columbia Missourian, KBIA and the Columbia Business Times. His work has garnered Missouri and South Carolina Press Association awards for investigative, enterprise, in-depth, health, growth and government reporting. He was awarded South Carolina’s top honor for assertive journalism in 2020.
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