minr&o 05-05-20 - Laserfiche WebLink

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criminal trespass. The offense would have to be under a state of emergency where a public health official has recommended the wearing of masks.Visible signage on a business requiring masks would be needed in order to make it some kind of trespass. These elements would make it a minor misdemeanor with a fine,with no jail time, however the penalty would increase with each offense. This would give business owners recourse to call law enforcement if needed and also gives them the discretion as to whether they want to allow people to enter without a mask. Chairperson Kepple sought clarification on the statewide order and why Lakewood does not have the right to enact more restrictions. Assistant Director Swallow interpreted the order to state that retail businesses cannot prohibit someone from wearing a mask.Vendors and patrons have been highly encouraged to use masks. She indicated that the intent of the order is to leave the choice of mask wearing up to individuals and businesses. She added that Lakewood cannot enact greater restrictions on liberties in a situation of statewide concern. Councilmember Neff interpreted the order to read that it is the prerogative of the business owner to mandate masks and that they have the power to do so and enforce it. She added that businesses should offer them too. She agreed that the city cannot make anything more restrictive than the Governor's order. She agreed with the use of masks and believes them to be protective. Chairperson Kepple inquired as to whether the language Councilmember Shachner discussed was needed to give businesses and the law extra teeth or is it already covered under trespassing language. Councilmember Shachner cited an example of how marijuana possession is penalized differently on the state and local levels. He added that the intent of the order was a compromise between those who do not want to be forced to wear masks and businesses that believe masks are necessary to stay safe. He noted some specific language pertaining to mask wearing would be helpful. Chairperson Kepple stated that Council passed ordinances to restrict the sale of tobacco prior to further statewide restrictions, noting that there is precedent for more stringent local level laws. Councilmember Neff found problems with enforcement of a mask law, as an individual entering a business could not be asked to divulge their health information under HIPPA. Chairperson Kepple spoke about facial coverings in communal residential spaces,which she believed to not be addressed in the order. Members of the committee,Assistant Director Swallow, and Captain Wilkins cited issues with enforcement, as any case would put one resident's word against another. There were reservations against putting extra burden on law enforcement. It was proposed that landlords post signage to encourage mask wearing.