FARMINGTON -- Farmington and Prairie Grove city councils each passed an ordinance Monday night that requires the public to wear a face covering, as recommended by the Arkansas Department of Health, in those businesses that are requiring masks for their customers.
Farmington City Council unanimously passed the ordinance as part of its regular July meeting, held virtually with the Zoom video/audio app.
Prairie Grove City Council called a special meeting to consider the ordinance, along with another item, at the Prairie Grove Public Library. The council voted 6-2 in favor of the ordinance to require face coverings according to department of health guidelines. Council members Marquita Smith and Doug Bartholomew voted against the ordinance.
Both councils approved an emergency clause so the ordinance goes into effect immediately.
The ordinance approved by both councils is a model ordinance presented by Gov. Asa Hutchinson and the Arkansas Municipal League. Hutchinson has consistently said he does not plan to issue a statewide mask mandate but offered the model ordinance as a way for cities to pass their own ordinances if they chose to do so.
The ordinance spells out guidance from the health department for face masks. The department recommends masks in all indoor environments when people are exposed to non-household members and distancing of six feet cannot be assured. This includes workplaces, retail stores, businesses, places of worship, schools, healthcare facilities and people's homes.
The health department also recommends the public should wear face coverings in all outdoor settings where there is exposure to non-household members, unless there is ample space of six feet or more for physical distancing.
"This is a standard ordinance that each city could pass or not pass," Farmington Mayor Ernie Penn told council members. "It's being used to support our businesses. This ordinance is just a support mechanism for our businesses."
Steve Tennant, Farmington city attorney, said one business could require facial coverings and another business can make the decision not to require masks.
Penn said the ordinance does not have a legal enforcement clause in it but will allow law enforcement officers to act in a supporting capacity for local businesses that want to require masks on their premises.
According to the ordinance, as approved by Farmington and Prairie Grove, police officers can "educate and encourage members of the public who decline to wear facial coverings regarding the efficacy of wearing such coverings according to ADH guidance."
For customers who decline to put on a mask or decline to leave as requested by the business, police can act in a support role to require a customer to abide by the requirement or leave the premises, according to the ordinance.
In Farmington, only one person posted a comment about the ordinance during the meeting. No one asked any questions.
"I support the mask ordinance," wrote Amy Helms through the Zoom chat option.
Council members had some questions but expressed support for the ordinance.
"I'm pretty supportive if businesses choose it," said council member Keith Lipford. "They should be able to make that choice."
Council member Sherry Mathews asked how the ordinance would apply to someone who has asthma, other respiratory problems or anxiety wearing a mask.
"Can they still shop there?" Mathews asked.
Penn responded he thought that would be a question handled between the individual business owner and the customer.
In a memo to city officials from the municipal legal defense program, the Arkansas Municipal League said the end goal of the model ordinance is not the "criminalization of failure to wear a facial covering, but the support of our local businesses, the safeguarding of public health, and the preservation of the progress made thus far in the fight against covid-19."
The memo also states businesses should not have to "weather the storm alone" but need to feel secure that they have the city's support to stay open amid the pandemic.
In Prairie Grove, about 20 people attended the meeting, with seven from the public addressing the council about the ordinance, according to Larry Oelrich, director of administrative services and public works. Oelrich said most of the comments were in opposition to the ordinance.
Prairie Grove City Council member Brea Gragg on Tuesday said she supported the ordinance "because I think it's the right thing to do."
She added, "To me, our job on the city council is to protect the citizens and the economy of the town and if we can do so by simply wearing a mask that's a good step to take."
Gragg, who has a newborn, said her family is wearing masks "religiously" to protect her family, parents and grandparents.
Gragg said the city received an overwhelming amount of emails in favor of the ordinance but that was not reflected by those who attended the meeting.