Common Council Considering Facial Covering Ordinance on Tuesday Evening

By Lisa Dawsey Smith
Whitewater Banner staff
whitewaterbanner@gmail.com

At its regular virtual meeting on Tuesday, July 21 at 6:30 p.m. the Common Council will consider an ordinance that would require the wearing of a face covering when indoors in buildings that are open to the public. You may read the entire proposed ordinance at the end of this article. It is indicated that the reasons for the proposal include:

  • COVID-19 cases have increased in Wisconsin, Walworth and Jefferson Counties, and the city in recent weeks.
  • The virus is primarily spread via respiratory droplets when people are in close proximity with each other.
  • People can be infected and have no symptoms and still be able to transmit the virus.
  • The Centers for Disease Control and Prevention (CDC) indicates there is emerging evidence that face masks reduce the spray of respiratory droplets, and the effectiveness of masks in reducing the spread of the virus is highest when masks are widely used by people in public settings.

Masks would be required in these settings:

  • INDOORS IN CERTAIN AREAS – By persons age five and older in a building open to the public and in an area open to the public.
  • VERY LIMITED AREAS OUTDOORS – At the Whitewater City Market. Also if outside a building to pick up food, drink or goods or in a line waiting to enter a building.

Exceptions would include the following:

  • Persons who fall into the Center for Disease Control’s guidance for those who should not wear face coverings due to a medical condition, mental health condition or developmental disability.
  • Persons who have a written note from a healthcare provider excusing mask use.
  • Persons who have upper-respiratory chronic conditions or other conditions or disabilities that make wearing a mask inappropriate.
  • Persons in settings where it is not practical or feasible to wear face coverings when obtaining or rendering goods or services to the extent necessary to obtain or render such goods or services including, but not limited to, the receipt of dental services or medical treatments or consuming food or beverages.
  • Public and private K-12 schools, childcare or youth facilities that have a comprehensive safety plan in place.
  • In private residences and residential apartment buildings.

Owners/operators of public buildings would be required to ensure that all persons present in the building area open to the public comply with the mask requirement. They would have the right to refuse entry or service to any person for failure to comply.

The Police Department would be responsible for enforcing the requirement by issuing a warning for first offenses and would only issue a citation for first offenses if an individual refuses to comply with the ordinance after receiving a warning or for second and subsequent offenses. The penalty to a building owner/operator or to a person violating the ordinance, upon conviction, would be between $10- $40 for a first offense and $50- $150 for second and subsequent offenses.

The Banner is aware of two petitions that have been created on change.org where people are expressing their opinion on whether Whitewater should adopt a mask ordinance.
“Mandatory Mask Use in Whitewater, WI” endorses an ordinance and indicates it was started by Johanna Wentworth – Click here
“Prevent forced mask wearing for Covid 19 in whitewater wi” opposes an ordinance and states it was started by Christopher Walters – Click here

In order to submit Public Comments before the meeting, please e-mail comments in advance of the
meeting to City Clerk at msmith@whitewater-wi.gov. Comments received by 1:00 p.m. on Tuesday, July 21, 2020 will be distributed to the Common Council prior to the meeting.

Information on how to view/listen to the meeting via Zoom/telephone may be found on this page. As usual, the Council will accept public comments via Zoom/telephone.

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