Fines for Mask Mandate Violators Discussed

            Governor Baker’s expanded executive orders have been in place since September 15, orders that mandate the wearing of masks whenever someone is out in public, including taking a walk in one’s neighborhood. The Governor’s updated mandate, viewable at mass.gov, requires that masks be worn at all times when people are not in their homes, regardless of the ability to maintain 6 feet of separation. Yet how to achieve compliance is an issue that is plaguing cities and towns throughout the Commonwealth, including Mattapoisett. The issue was discussed during the December 2 Mattapoisett Board of Health meeting.

            The Board of Selectman had sent a letter dated November 16 to the BOH requesting the establishment of a fine structure for repeat offenders who are found to be in “blatant disregard” of the facing-covering order. The letter reads in part: “The stricter measures are in response to rising coronavirus case counts and hospitalizations statewide.… The Town’s confirmed case count as of November 15 was 91 cases, which represents a 98-percent increase when compared to the 46 confirmed cases reported just two months ago on September 15.”

            The letter explains that exemptions to the mandate remain in place, such as for persons unable to wear a face-covering “due to a medical or disabling condition.” It also grants an exemption to people who need to communicate with a person with a hearing disability.

            The BOS does not have the governing authority to impose fines. However, in matters such as these, the BOH does. Thus, the selectmen sought to “work collaboratively … as we progress through this unprecedented pandemic,” they wrote. The selectmen suggested that first offenders receive a fine of $50, graduated up to $150 for second offenses, and $300 for a third offense. The letter explains that “the board’s goal is not to burden average law-abiding citizens, but rather to penalize repeat offenders or others who have a blatant disregard for the face-covering order and consequently present a health risk to the residents and visitors within Mattapoisett.”

            Public Health Nurses Amanda Stone and Emily Field believed that it was good to be prepared with a fine structure, but that educating the public was, at this time, the better course of action. “What more could we be doing?” queried Stone. She also asked, “Who would get the money” generated from fines collected and who would keep track of the offenders? Stone said, “We (the public health nurses) can’t be involved in any of these administrative tasks.” Kayla Davis, Board of Health agent, said that the Police Department would be responsible for enforcement, but that her office should be contacted if residents had concerns of non-compliance to report.

            BOH member Ken Dawicki said he disagreed with establishing fines at this point, saying, “This comes close to a police state.… We can re-educate people.”

            Agreeing with Dawicki was board member Russell Bailey, who angrily responded, “We should not be grabbing people off the street making a mountain out of a molehill. Let’s be positive.” Bailey also questioned the science behind masking at all times.

             In a follow-up Bailey said, “I’m 110 percent for wearing masks, but I’d rather have a conversation with someone than fine them.” He said that guidelines are changing quickly and that residents need to be informed.

            Town Administrator Mike Lorenco, speaking on behalf of the selectmen, said that the fining process could be handled similarly to actions taken against non-compliant businesses. “We wanted to spark a discussion with the Board of Health to make everyone accountable,” he explained.

            The mass.gov website states: “Even if you are outside in a private setting, wear a mask if you might be closer than 6 feet, and always wear a mask in public settings regardless of distance from others (it’s required!).” Also: “Wear a mask anytime you are indoors and around other people. Masks are required to be worn in all spaces open to the public, indoors or outdoors.” Field confirmed that her own children are wearing masks when playing outside in their own yard.

            In the end, the BOH voted to table the matter until its January 2021 meeting.

            In other COVID-19-related matters, Field and Stone discussed the fast pace of spread, with Field noting the amount of time spent in contact tracing. She said the work is “time-sensitive.”

            Chairman Carmelo Nicolosi asked about the severity of confirmed cases in the community. Field responded that symptoms ran the gamut from very mild to “not being able to pick your head up off the pillow.” The conversation then moved to incubation periods, with Stone saying that current data indicates it can take up to nine days to test positive after exposure. “People are supposed to stay away from others while waiting for test results,” she stated.

            Field said that most transmissions are being identified as generating from family members and small group gatherings. When asked how groups of juveniles not wearing masks would be handled, Nicolosi said it is difficult to find out where these children live and that parents need to be part of the solution. He also said that anyone with concerns should contact the BOH office.

            On the matter of what constitutes a “close contact,” Field said, even with a mask on, if one is indoors for more than 15 minutes and less than 6 feet apart, the transmission is possible. She said the more informed people, the better, and that “slowing the spread” is the goal. Complete guidance is available at CDC.gov.

            Rounding out the COVID-19 discussion was when and how vaccine distribution would take place in Mattapoisett. Many uncertainties remain according to the nurses regarding when the general population would have access to a vaccine and issues with the specialized refrigeration it will require. But they said systems would be in place once the two-dose inoculations begin. The team also stated that the most vulnerable people with health problems or age-related status and essential healthcare workers would be the first to receive the vaccine.

            In other BOH business matters, Davis reported that she had inspected a local motel and found “multiple violations.” She noted smoking in rooms, pets, and lack of trash removal as primary issues. Davis said that the property owner felt at a loss to bring renters into compliance with rules and asked for assistance in doing so. Davis said that she requested the owner draft a document for the residents and that the BOH would assist in addressing problems.

            The next meeting of the Mattapoisett Board of Health is scheduled for January 13.

Mattapoisett Board of Health

By Marilou Newell

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