What are Other Florida Counties Doing on Masks?

See for yourself in this chart, below, that was sent to all commissioners by staff......

Businesses Already Have the Ability to Mandate Mask Wearing on their Premises--Under Federal Law

Most citizens, myself included, support the CDC guidelines on mask wearing.  But most of the citizens that have contacted our office have voiced opposition to making "mandatory mask-wearing" ordinances that could lead to fines and citizen arrests.....

Many current and former business owners know they can refuse service to the public for a variety of reasons.

"No shirt, no shoes, no service!"  We have all seen these signs.

If a business chooses to make mask wearing on premises mandatory--they can do this and refuse service to those patrons who do not follow the rules.

So why the push to make the county "mandate" mask wearing via an ordinance like the city of Pensacola's very flawed rule?

I've had people email me saying the business community wants this ordinance--for their protection.

But wait--these same businesses, any time they want to, already have the power to limit access to their premises to only folks who are wearing face coverings or masks--as long as they are not doing this to purposely target a segment of the population in a way that is discriminatory.  I asked our attorney for the relevant statues, and she provided me the following yesterday:

This article relates to the ADA and refusing service:              https://www.natlawreview.com/article/no-mask-no-service-ada-considerations-business-owners-requiring-face-masks-retail

Relevant quote:  “The ADA permits a retailer to deny goods or services to an individual with a disability if their presence would result in a “direct threat” to the health and safety of others, but only when this threat cannot be eliminated by modifying existing policies, practices or procedures or permitting another type of accommodation.”

28 CFR § 36.208 --- “This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others.”

They don't need us to do it for them, and the vast majority of counties in America ARE NOT making ordinances mandating citizens wear masks in public.

More than likely this is due to the fact that such ordinances must have so many exceptions, exemptions, and carve-outs that the exemptions swallow the rules.

Not to mention the questions of efficacy as it relates to wearing scarves and/or bandanas loosely around the face for protection from airborne virus particles that are .1 Micron in diameter..

Not to mention the challenges of enforcing such mandates (e.g. some citizens cannot wear masks due to health conditions--so will these folks be shamed.  And who will decide the veracity of claims by such citizens of medical problems prohibiting mask wear?)

Mandatory Masking Policies Draw Lawsuits Statewide

The County Attorney's Office compiled the chart, above, based upon some current litigation swirling around the state regarding governmental "mandatory masking" blanket policies.

Currently, the circuit courts and at least one federal court have sided with the governmental entities.  The thought is that during the pandemic the courts are balancing the states of emergency and protection of health and outweighing the freedom of choice arguments from those opposed to mandatory mask ordinances.

But most of these are at the very early stages and all appeals are not concluded----so who knows where all of this will land at the conclusion of all appeals?

Meanwhile, in Escambia County we have not issued a mandatory mask wearing ordinance and therefore we will not be incurring costs as these other jurisdictions are currently.

When Exceptions Swallow Rules.........

Which is worse--mandating the wearing of a disposable mask over and over and over, day after day, and improperly to boot-----or allowing this improper wear to "meet" the standard of an ill-conceived, non-enforceable ordinance?  (or both?) 

We find ourselves in the midst of a battle of wills over the wearing of masks here locally.

The city went headlong into this issue by "mandating" all citizens wear masks indoors. So did the city of Milton----and then Milton's City Council promptly and resoundingly walked their mandate back.  Actually it got yanked back and thrown in the garbage can.

Santa Rosa County has no mandate for mask wearing either.

But Pensacola has a mandate, brought forward by the mayor initially.  Then the city council doubled down and made it an ordinance with teeth with financial penalties for citizens that don't wear masks--because the city's ordinance requires citizens to wear masks!

Well, wait a minute.  Just most citizens in most places.  With some exceptions. 

Well, realistically--with a lot of exceptions.  For instance, now we are told that students who come back to classes in buildings and schools within the city limits will not be wearing masks.  At least they won't be mandated to do it.  Apparently, the city's got an exception for that.

And those who attend churches in the city limits don't have to wear masks.  There's an exception for that, too.

And outdoors--well, outdoors in socially distanced settings masks are not required.  There's an exception for that.

Demonstrators that gather in numbers, not wearing masks and not socially distancing--is there an exception for this?  Not sure--but regardless--it's happening, people are congregating and exercising their freedom of assembly and not wearing masks while not socially distancing-- and it is not being enforced.  Perhaps there is a tacit "exception" for that, too?

And surely the virus knows these exceptions and will ensure transmission is ceased during periods of time and under these circumstances when the city's ordinance provides exceptions, right?

Sure.

What about at a restaurant in the city?  Indoors, the ordinance says wear a mask.  But when the food comes--or when the drinks come--everyone at the table can "unmask" to eat and drink--there is an exception for that.  So half the people--eating and drinking together in small groups and large groups will be masked, and the other half will be unmasked.  Or, should diners and drinkers keep their masks on, and cut holes in their disposable surgical masks that they wear over and over--and put a straw through the hole and drink their beverages, wines, and bottled beverages through the straws whilst keeping the masks in place?  That'd be a weird look, like a scene out of the original 1977 Star Wars Cantina Band scene....  Same thing for food.  Keep the masks on and pull them to the side, quickly, and spoon feed without spilling it all over the inside of the mask.  That could get messy.....And if you cant do this--then take the masks off between bites and gulps.   I'm sure the airborne viruses and germs know the difference and politely and obediently do not disburse while citizens in the city limits eat and drink, right?  The microbes wait till the masks go back on.  Sure thing.  You bet.

So yes, technically, there is an ordinance in the city mandating that citizens wear masks.  Most of the time.  With some exceptions--I mean, LOTS of exceptions.  And with little enforcement.  And with no standards.   Right.  Check.

Well what about the masks and how they are worn?  Surely there must be standards in the ordinance the city wants us to adopt, right?

Answer:  Nah, just have a "face-covering" of any variety.  Yeah--just something, anything, just a

On WCOA Morning Show: Masks, COVID-19, Pensacola Beach, Air Show--lots of Topics Covered....

I was interviewed yesterday on WCOA's Good Morning Pensacola on the topic of COVID-19, The July 4th Weekend and rumors of Beach Closings, and the hot button topic of the push by some to make mask wearing mandatory in Escambia County.

We had a good discussion on these and other timely, relevant topics of current interest.

You can hear the recording of this interview here

To Mask, or Not to Mask!

That is the question........

And now, I am getting it from both directions.  "Make Masks Mandatory!" is the flavor from one side.

"Don't take away our Freedom--don't make masks mandatory!" is what I am hearing from the other side.

Meanwhile--the Escambia Board of County Commissioners does NOT have this for action at our upcoming meeting--(although it may be brought before the board as an "add-on" by a member.....)

Meanwhile, here is an example of a thoughtful back and forth email exchange between a constituent and I on this topic from this morning............intelligent, thoughtful, respectful, cordial, un-emotional..

"Mr. Bergosh,

Usually I write to you about XXXXXX. But tonight I am writing to you as someone retired from healthcare. Forty three years actually.  Thirty three of those running a clinical laboratory.  I have been through Aids, Ebola, Swine flu, and many other similar outbreaks, epidemics, and pandemics.  So I am very familiar with what the right thing to do is regarding curbing the rising infections.  

 Mayor Robinson should be commended for implementing mandatory masks.   While our Governor and President do nothing.

The Governor's statement the other day stating people will just need to do the right thing stunned me. Well if people always did the right thing we wouldn't need laws.  It could even be said we wouldn't be in the middle of a pandemic if people did the right thing.  How many laws have been passed to protect people from themselves?  Wearing seat belts, no texting and driving, no drinking and driving.......to name a few.

I ask you and the other commissioners to please follow Mayor Robinson's lead.  Make face masks mandatory in Escambia county. There is absolutely no reason a business should have to shut down if only everyone would social distance and wear masks in public places.  South Korea and Japan are excellent examples of that.

Regards,

XXX XXXXXXX"

My response:

"XXX-

Thank you for the email, and I cannot wait until XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX!

About the mask wearing:  There have been rumors circulating about The Escambia Board of County Commissioners making mask wearing mandatory—however this has not been brought forward onto our next agenda for July 2^nd by either the staff or the chairman Steven Barry.  I understand the city has gone that direction (mandatory mask wearing).

Nevertheless----I am studying all sides of this topic in the event it does come before us as an add on to the agenda.  Full disclosure—I am getting PASSIONATE pleas on both sides of this issue so I am going to look at this particular issue very analytically—not emotionally.

To help with my decision making—I will have a special “Coffee with the Commissioner” event this Wednesday morning online on my Facebook site from 6:30-7:30 AM.  My guests will be the CEO’s of all three local hospitals—Baptist, Sacred Heart, and West Florida.  They know I will come prepared with questions for them about the wear/don’t wear masks in public question—as well as other issues about capacity in their respective hospitals and ventilator and ICU capacity.  It will be a worthwhile watch this Wednesday morning if you are available.  It will be live on my commissioner’s Facebook page here  https://www.facebook.com/CommissionerBergosh/

One issue that stands out initially and immediately to me is the fact that nobody is wearing masks properly—and nobody is specifying what types of masks should be worn.  They should be single-use---and the surgical masks I see folks wearing are not masks that protect the wearer from COVID-19-----it says so right on the box packaging.  Yet I see folks wearing these very same ineffective disposable masks over and over and over—placing them on the rear-view mirror then re-using them again and again—touching the contaminated masks then touching their faces as well as common use items in the grocery stores, retail stores, playground equipment, door-handles etc.  This behavior worries me—because I believe this actually exacerbates—not

Expert Panel Assembled for our 47th Coffee With the Commissioner Event this Wednesday Morning, July 1st!

As the spike in new cases of COVID-19 is erupting around Florida and other states like Texas and California---we are maintaining a fair amount of capacity in our local hospitals.

Ventilator capacity locally is 80%.

Bed capacity is about 25%

We simply have not seen hospitals being overrun with COVID-19 cases locally--thankfully.

We are getting a higher number of new positive cases, and younger people are coming up positive in higher numbers as well.

So this week for our 47th Coffee With the Commissioner Event--we age going back to the source for new insights, facts and figures about the pandemic's impacts locally on our 3 main hospitals.

We will focus on our area's response to the COVID-19 Pandemic and how our area hospitals are handling the current issues locally. 

Our guests for this live conversation will be Escambia County Administrator Janice Gilley, Baptist Health Care in Pensacola CEO Mark Faulkner, Dawn Rudolph, President and CEO of Ascension Sacred Heart Hospital Pensacola, Justin Labrato, President of Ascension Medical Group, and Gay Nord,  CEO Of West Florida Hospital.

I intend to ask about how the Hospitals are handling this pandemic locally, their current census figures, and how the number of available ICU beds is figuring into our area's "preparedness" for a spike in new cases-----if this leads to a spike in new hospital admissions.

I'll also ask about their surge plans; how will they react if we get an influx in new hospitalizations like the Houston area is seeing?

To wear or not to wear masks--I'll have some questions about that.

If you have questions for these experts---send them to me via email or Facebook---or add comments to this post and I will ask the questions of the experts this Wednesday.

To join the event live Wednesday morning, simply go to https://www.facebook.com/CommissionerBergosh/

"See You" online this Wednesday!

Mask Wearing: Mixed Messaging Hasn't Helped

Since the very beginning of the current COVID-19 Pandemic--opinions have "shifted" among the experts about whether or not uninfected individuals should or should not wear masks.

At a late March Coffee with the Commissioner event with our local Director of the Health Department--I was astonished to hear that mask wearing was NOT recommended by the CDC for the general public.  Watch this video, see the comments yourself from minutes 11:00 to 13:00....

Subsequently, into April and May---when PPE was scarce--some outlets reported that the whole "Don't wear a mask" messaging by the healthcare industry and the media and by the CDC and local Health Departments --------was done simply to keep the average, ordinary citizen from "panic buying" all available N-95 Masks that were readily available at that time at places like Walgreens, Wal Mart, Lowes, Home Depot, and other outlets.  Toilet Paper shortages were bad enough--but if ordinary citizens thought they needed masks and would have bought them up, well that would have been catastrophic, right?!

PPE is still scarce--and it's expensive.

Regardless----more and more localities are mandating the wearing of masks.

Some are simply recommending they be worn.

The World Health Organization muddied the waters even further on the mask question by going back and forth on guidance on citizens wearing masks to prevent COVID-19.

The mixed signals sent by the Healthcare Industrial Complex on this topic have not helped!

Last weekend I was bombarded with requests that we NOT make mask wearing mandatory.

And this topic (mandatory mask wearing) was not and is not even on the agenda for our upcoming regular BCC meeting on July 2nd!! 

Some folks are very happy about this.

Others want it added and enacted--a mask-wearing ordinance.

But wait--there are specific steps that must be taken to enact an ordinance--including multiple public hearings.  Should we follow our own policy on making this an ordinance?  Or we could do it under emergency authority--but wait that has some pitfalls as well.   And inevitably it would be challenged in court.


Machinations + Manipulation + Mixed Messaging =  MESS!

Mandatory Mask Wearing in Public in Escambia County? What???Where is This Untrue Rumor Coming From?

ESCAMBIA COUNTY IS NOT CONTEMPLATING
MANDATORYMASK WEARING ORDINANCES. 
I REPEAT: ESCAMBIA COUNTY IS NOT
CONTEMPLATING MANDATORY
MASK WEARING ORDINANCES.  I REPEAT......

I'm suddenly getting emails urging me to NOT support MANDATORY mask wearing ordinances in Escambia County.

But so far as I know--there is NO SUCH ORDINANCE in the works.  None.  We're not bringing this.

So where is this push coming from anyway?  Here's a flavor of what I am getting from emails to me:

"Commissioners,

It has been brought to attention there's an effort being made in Escambia County, Florida to lock things back down and introduce new regulations. Many understand there is pressure being placed on you all as Commissioners to "act". The Governor says OPEN, but individuals are saying to impose regulations and mandate masks. MOST ARE NOT EVEN USING MASKS PROPERLY. How is wearing a CLOTH mask on your forehead, in your car by yourself, on your chin, wearing a mask to the beach that's floating up on shore, lifting it up and down a ton of times a day and readjusting it constantly helping anything at all? If anything, people are breathing in their own Co2 all day. They are doing the above then touching their face, grocery store items, cross contaminating their vehicles, leaving nasty gloves all over the place and whatever else. THEY ARE USING THESE MASKS AS AN EXCUSE TO PACIFY THEMSELVES AND MAKE IT SEEM LIKE THEY'RE DOING THEIR PART TO HELP. THIS VIRUS IS NOT GOING AWAY! There will be NO cure, only a vaccine and there is no telling how long that will be before it happens. People have to survive, NOT DEPEND ON THE GOVERNMENT to take care of them. Making masks mandatory will do nothing but make people mad, make people have to justify why they are not wearing one which means in turn officers get to babysit. You also would be imposing fines on people who are already suffering from the pandemic which took a toll on their livelihood. It is not right to overstep your boundaries on citizens and attempt to force them to do things which would be Unconstitutional. The Constitution does not say "We have rights....Unless someone gets sick". If people are FORCED into closing their businesses down again, you will have a mess on your hands. People are frustrated, fed up and losing everything they've worked their entire lives for. Suicide rates, divorces, law suits, depression, violence, theft and other many things will be up sky high. PLEASE DO NOT OVERSTEP AND FORCE ANY OF THESE THINGS ONTO CITIZENS OF ESCAMBIA COUNTY. We all have the need as humans to feel like things are somewhat normal. We have been through many viruses, and sicknesses. This is NO way for anyone to live. Imposing on people is only a way to turn law abiding citizens into what would be considered criminals just to survive. The government is allowing inmates out of jail because of Covid and locking good citizens up because of Covid. What sense does any of this make? 

PLEASE DO NOT BE PRESSURED! NO MANDATES, NO MANDATORY MASKS! NO CLOSING AGAIN! WE NEED TO MOVE FORWARD!

Thank you,

XXXXXXXXXXXX"

"There is now an organized effort being made in Escambia County Florida, to lock the county back down and introduce new regulations concerning the Second Wave of COVID. We are seeing pressure being put on County Commissioners to “act because the state will not be helping”. In other words, they are saying that the Governor says “Open” but we should close down regardless, and impose more regulations.

     I would like to remind you that our area has in fact flattened the curve of COVID and our medical community has NOT been overwhelmed by COVID patients. 

     Yes, Escambia County Florida currently does NOT require a mask mandate, nor is it closing the county back down due to COVID. We indeed are very lucky to live in an area not currently mandating masks, but we are aware of the opposition in the works to do just that. 

     This virus is here to stay, and our area has proven that without masks and overreaching regulations, we can live normally and remain cautious. Escambia County does NOT need more regulation, Escambia County does NOT need to mandate masks in public. 

     South Florida is setting an extremely dangerous precedent when they mandate masks until June