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Last modified
7/16/2020 11:13:51 AM
Creation date
7/16/2020 11:13:24 AM
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Ordinances
Ordinance Number
2020-009
Adopted Date
07/14/2020
Agenda Item Number
10.A.3.
Ordinance Type
Adoption of Recitals
State Filed Date
07\15\2020
Entity Name
Indian River County
Subject
Face Covering Requirements
Providing for Penalties and Enforcement, Setting Effective Dates
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ORDINANCE NO. 2020-009 <br />State Circuit Court and in Federal District Court. Both Courts issued Orders denying <br />Plaintiffs' Emergency Motions for Temporary Injunction. In denying the request for <br />temporary injunction, State Circuit Judge Donna M. Keim stated, "The protection of the <br />safety and welfare of the public is inherent in the role of local government ... The <br />requirement to wear a facial covering during the limited circumstances set forth in the <br />ordinance is a minimal inconvenience; and, its benefits to the public in potentially <br />reducing the spread of COVID- 19 outweighs any inconvenience." "Here, there is a <br />global pandemic involving COVID- 19, a virus which the CDC and others advise is <br />spread through airborne transmission and is spread by asymptomatic individuals. <br />Multiple sources relied upon by the County reflect that mitigation is dependent upon the <br />use of social distancing and personal protection equipment, such as face <br />masks/coverings. The County' s need to take measures to control the spread of COVID- <br />19 clearly outweighs the Plaintiff's private interest in not wearing a mask in the limited <br />circumstances required by the county's emergency order; and an injunction in this <br />situation would disserve the public interest." Green v. Alachua County, Case No.: 01- <br />2020- CA- 001249 (Order dated May 26, 2020). See also: Ham v. Alachua County <br />Board of County Commissioners et. al. Case No. 1: 20cv111- MW/ GRJ (Order dated <br />June 3, 2020 by Chief United States District Judge Mark E. Walker) ("Plaintiffs have not <br />demonstrated that Alachua County exceeded its broad limits and this Court, like the <br />Supreme Court, will not engage in secondguessing"); and <br />WHEREAS, on June 5, 2020, Governor Ron DeSantis issued Executive Order <br />20- 139, moving all counties in Florida, other than Miami- Dade, Broward and Palm <br />Beach Counties, into Phase 2 of the plan issued by the Task Force to Re -Open Florida, <br />which Order supersedes Executive Order 20-91, the Safer at Home Order, and <br />supersedes in part, and extends and modifies other provisions of, Executive Order 20- <br />112; and <br />WHEREAS, on June 20, 2020, the State Surgeon General issued a Public <br />Health Advisory providing that with certain exceptions all individuals in Florida should <br />wear face coverings in any setting where social distancing is not possible; and <br />WHEREAS, the Florida Medical Association President Dr. Ronald Giffler issued <br />a statement saying that "the Florida Medical Association, the state's largest physician <br />organization, encourages local officials to adopt regulations requiring individuals to wear <br />face coverings in public places" and applauded municipalities in Florida that have <br />already adopted mandatory mask use ordinances; and <br />WHEREAS, based on recent information and data from the Indian River County <br />Department of Health, the number of confirmed cases of COVID-19 in Indian River <br />County has increased significantly since additional re -openings were authorized under <br />Phase 2 of the Governor's Plan for Florida' s Recovery; and <br />3 <br />
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