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Last modified
9/24/2020 2:06:20 PM
Creation date
9/24/2020 2:05:59 PM
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Ordinances
Ordinance Number
2020-010
Adopted Date
09/15/2020
Agenda Item Number
10.A.1.
Ordinance Type
Adoption of Recitals
State Filed Date
09\17\2020
Entity Name
Indian River County
Subject
Face Covering Requirements
Codified or Exempt
Exempt
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ORDINANCE NO. 2020- 010 <br />the spread of the virus and help people who may have the virus and do not know it from <br />transmitting it to others; and <br />WHEREAS, The CDC does not recommend wearing cloth face covering for <br />children under the age of 2, or anyone who has trouble breathing, or is unconscious, <br />incapacitated or otherwise unable to remove the mask without assistance; and <br />WHEREAS, Cloth face coverings are relatively inexpensive and readily available <br />as the CDC states they can be made from household items and provides online <br />guidance for making "do-it-yourself' coverings for people that cannot or do not want to <br />buy one from the increasing sources producing and selling coverings; and <br />WHEREAS, the CDC, the Florida Department of Health and the University of <br />Florida recommend the use of face coverings, including those which are homemade to <br />slow the spread of the disease; and <br />WHEREAS, the gradual reopening of the State and the County will lead to more <br />contact between individuals and lead to more potential for the increased community <br />spread of the disease. Face masks are of great assistance in preventing individuals <br />from spreading it to other individuals; and <br />WHEREAS, Governor DeSantis, on April 29, 2020, issued Executive Order 20- <br />112 designed to ease some restrictions established by Executive Order 20-91 in the first <br />phase of a plan to fully reopen the State; and <br />WHEREAS, Executive Order 20-112 does not preempt the authority of local <br />governments to add additional restrictions to businesses opened by the Governor; and <br />WHEREAS, in a recent United States Supreme Court Case, the Court denied <br />injunctive relief where California limited attendance at places of worship due to COVID- <br />19. Chief Justice Roberts described COVID-19 as "a novel severe acute respiratory <br />illness that has killed... more than 100,000 nationwide" and noted that "(a)t this time <br />there is no known cure, no effective treatment, and no vaccine" and "(b)ecause people <br />may be infected but asymptomatic, they may unwittingly infect others." Chief Justice <br />Roberts also stated the precise question of when restrictions on particular social <br />activities should be lifted during the pandemic is a dynamic and fact -intensive matter <br />subject to reasonable disagreement. Our Constitution principally entrusts '(t)he safety <br />and the health of the people' to the politically accountable officials of the States ' to <br />guard and protect' ... When those officials 'undertake() to act in areas fraught with <br />medical and scientific uncertainties, 'their latitude' must be especially broad.' , .. Where <br />those broad limits are not exceeded, they should not be subject to second-guessing by <br />`an unelected federal judiciary,' which lacks the background, competence, and expertise <br />to assess public health and is not accountable to the people." S. Bay United Pentecostal <br />Church v. Newsom, 140 S. Ct. 1613; and <br />WHEREAS, Alachua County issued Emergency Order 2020-21 requiring face <br />masks in certain circumstances. The County's Emergency Order was challenged in <br />2 <br />
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