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MINUTES OF THE RULES & ORDINANCES COMMITTEE May 11, 2020 Online Broadcast Meeting Present: Councilmembers Kepple, Neff, & Shachner Also Present: Councilmembers Bullock, Litten, & Rader, Chief Dunphy, Assistant Director Swallow, Director Gelsomino, City Prosecutor Miranda, Captain Wilkins, Chief Dunphy, Acting Director Milius, Ian Andrews of Lakewood Alive, a couple members of the public, Clerk Bach, & Deputy Clerk Lascu taking minutes Start time: 7:30 p.m. AGENDA Approval of the minutes of the May 5, 2020 Rules & Ordinances Committee meeting. Chairperson Kepple made a motion, seconded by Councilmember Neff to approve the minutes. A roll call vote was taken as follows: Yeas —Kepple, Neff, Shachner Nays —None Motion passed. The minutes were approved. Communication from Councilmember Kepple regarding face masks. (A motion will be made at the 5/4/20 General Meeting to refer to Rules & Ordinances) Chairperson Kepple gave an overview of previous committee discussion, which centered on wearing masks in public settings, communal living settings, and in businesses. She noted that the Law Department felt that the city could not go further than what the state Stay Safe Ohio Order has required. It was discussed whether there would need to be additional provisions in a face mask ordinance that would provide business owners with more means of enforcing the wearing of masks in their establishments. Councilmember Shachner stated his belief that Section A2 of the city's criminal trespass ordinance would be applicable to a situation where a dispute broke out between a business owner and customer regarding a face mask requirement for customers. Thus, there would be no need for additional language. City Prosecutor Miranda agreed with Councilmember Shachner. She provided example scenarios on how the law could be applied. Chairperson Kepple asked whether there was any conflict in the law regarding individuals with disabilities that preclude them from wearing a mask and a business owner's requirement to do so. Prosecutor Miranda noted that the Americans with Disabilities Act(ADA)protects people with disabilities and that a business owner could not discriminate against them. A reasonable accommodation must be afforded to that customer.