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Face Coverings for Coronavirus Protection
1. USE OF FACE COVERINGS FOR
CORONAVIRUS PROTECTION
June 25, 2020
2. • Recent studies have shown asymptomatic and pre-
symptomatic individuals can transmit the virus
• Wear cloth face coverings in public settings where
other social distancing measures are difficult to
maintain
o Especially in areas of significant community-based
transmission
CDC RECOMMENDATIONS
4. FACE COVERING AUTHORITY
• June 3, 2020: GA-26 issued
o Related to the reopening of Texas
o “Individuals are encouraged to wear appropriate face
coverings, but no jurisdiction can impose a civil or
criminal penalty for failure to wear a face covering”
• June 16, 2020: Letter from 9 mayors across Texas to
Governor Abbott
5. FACE COVERING AUTHORITY
• June 17, 2020: Clarification from Governor Abbott
• The Mayor may issue an order like previous orders to
mandate face coverings and the Council may extend
or adopt the order by ordinance
6. FACE COVERING AUTHORITY
As of 6/25/2020, the following have issued orders
mandating masks for local businesses:
• Counties
o Bell, Bexar, Cameron, Chambers, Dallas, El Paso, Fort
Bend, Harris, Hays, Hidalgo, Jefferson, Kleberg, Nueces,
Tarrant, Travis
• Cities
o El Paso, Galveston, Hewitt, Kingsville, La Marque,
Laredo, Marfa, New Braunfels, Waco, Woodway
7. EXAMPLE ORDER – BEXAR COUNTY
• “Health and Safety Policy”
o Applies to all commercial entities providing goods and
services
o All employees and visitors must wear face coverings
o Posted in a conspicuous location
o Penalties for violations
• General public: People age 10 and over shall wear
face covering in a public place where social
distancing is difficult
8. EXAMPLE ORDER – BEXAR COUNTY
Face coverings do not need to be worn in the following
circumstances:
1. When exercising outside or engaging in physical activity
outside
2. While driving alone or with passengers who are part of the
same household as the driver
3. When doing so poses a greater mental or physical health,
safety, or security risk
9. EXAMPLE ORDER – BEXAR COUNTY
4. While pumping gas or operating outdoor equipment
5. While in a building or activity that requires security
surveillance or screening (e.g., banks)
6. When consuming food or drink
Good evening Mayor and Council. Brian Piscacek with the City Manager’s Office. I am here to present on the use of face coverings to protect against the spread of COVID-19.
COVID-19 spreads mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes, or talks. These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs.
Recent studies that a significant portion of individuals with coronavirus lack symptoms (“asymptomatic”) and that even those who eventually develop symptoms (“pre-symptomatic”) can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity—for example, speaking, coughing, or sneezing—even if those people are not exhibiting symptoms. In light of this new evidence, CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (such as grocery stores and pharmacies) especially in areas of significant community-based transmission.
A cloth face covering may not protect the wearer, but it may keep the wearer from spreading the virus to others.
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html
https://www.dshs.texas.gov/coronavirus/
68% of the past week’s cases are a result of community spread and 46% are in the 18- to 24-year-old age group. Brazos County’s positivity rate — the number of positive COVID-19 tests compared to the total number — for the week of June 13 to June 19 was 24.39%, the highest positivity rate to date. It was just under 10% the previous week.
June 3, 2020: GA-26 issued – related to the reopening of Texas
50% occupancy limit (restaurants, other facilities)
Includes the following statement: “Nothing in this executive order or the DSHS minimum standards precludes requiring a customer to follow additional hygiene measures when obtaining services. Individuals are encouraged to wear appropriate face coverings, but no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering.”
On June 16, 2020, the mayors of nine of Texas’ largest cities requested that Governor Abbott allow local governments the authority to require the use of face masks in public.
Houston, San Antonio, Austin, Dallas, Fort Worth, El Paso, Arlington, Plano, Grand Prairie
Both the Governor’s Order and Abbott’s statement are conditioned on that there is no penalty, criminal or civil for those not wearing the face coverings and that the City not mandate individuals to wear face coverings.
June 3, 2020: GA-26 issued
50% occupancy limit (restaurants, other facilities)
“Nothing in this executive order or the DSHS minimum standards precludes requiring a customer to follow additional hygiene measures when obtaining services. Individuals are encouraged to wear appropriate face coverings, but no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering.”
On June 16, 2020, the mayors of nine of Texas’ largest cities requested that Governor Abbott allow local governments the authority to require the use of face masks in public.
Houston, San Antonio, Austin, Dallas, Fort Worth, El Paso, Arlington, Plano, Grand Prairie
However, Governor Abbott clarified the order on June 17, 2020, adding that while individual liberty may not be infringed, local governments can require stores and businesses to require masks.
So what does this mean? It means…
The Mayor may issue an order like previous orders to mandate face coverings and the Council may extend or adopt the order by ordinance
Again - Both the Governor’s Order and Abbott’s statement are conditioned on that there is no penalty, criminal or civil for those not wearing the face coverings and that the City not mandate individuals to wear face coverings.
At the City, we have taken a proactive approach and strongly encouraged staff and visitors to wear face coverings. We expect that if people are in common areas, they are taking all the necessary precautions, such as maintaining social distance and wearing masks.
City of Georgetown has set a trigger point of 10% positive rate on COVID tests where masks would be mandated
Tarrant County through Aug 3rd
So, let’s walk through the Bexar County order that many have been modeled after.
It states that all businesses must develop and implement a Health & Safety Policy
Must require at a minimum, that all employees or visitors to the commercial entity's business premises or other facilities wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public where six feet of separation is not feasible.
Coverings may include homemade masks, scarfs, bandanas, or a handkerchief
May also include temperature checks or health screenings
Posted in a conspicuous location
Failure to develop or implement may result in a fine not to exceed $1,000 per violation
For businesses, this is an issue of balancing safety for employees with the potential for conflict with customers who see this as an attack on personal liberty
CDC advises face coverings for people 2 years and older
Outdoor events – public spaces
Harris County: order is through June 30th; responding to complaints (avg of 70-80 per day); no citations issued.
Waco: Council voted to extend through July 7th; Includes signage on their website that businesses can use; churches and places of worship are not considered commercial entities; for questions, contact their Code Enforcement department
Consistent with Executive Order GA-26 issued by Governor Greg Abbott, no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.
We have received a significant response from the public, with the strong majority in support of an order.
Harris County attorney requested an attorney general opinion to 4 questions relating to county-owned buildings and county courthouses. Response should be instructive to cities facilities as well.
1. Given a county judge’s authority under her emergency powers to control the movement of persons and the occupancy of premises in her county during a declared state of disaster, may a county judge require any person entering a courthouse or other county-owned or controlled building in the county to wear a facial covering in those county buildings during the COVID-19 disaster? If so, and the person fails to wear a facial covering, may a county judge bar entry to or order removal of that person from the courthouse or other county-owned or controlled building? What other remedies, if any, are alternatively available to a county judge to protect the health and safety of county employees, customers and the public when a person declines to wear a facial covering in a courthouse and other buildings owned or controlled by a county?
2. Given a commissioners court’s authority to regulate the use of and control county buildings, may a commissioners court require any person entering a courthouse or other county-owned or controlled building in the county to wear a facial covering in those county buildings during the COVID-19 disaster? If so, and a person declines to wear a facial covering, what other remedies, if any, are alternatively available to a commissioners court to protect the health and safety of county employees, customers and the public?
3. Given the Office of Court Administration’s guidance and the powers vested in a court to exercise its jurisdiction and enforce its lawful orders, may any court presiding over a courtroom in a county owned or controlled courthouse in the county require any person who enters the courthouse to wear a facial covering while in that courthouse during the COVID-19 disaster? Does a court’s authority extend beyond the courtroom to allow the entry of an order requiring facial coverings throughout the entire courthouse? If so, and a person declines to wear a facial covering, what remedies are permitted?
4. In the event of the issuance of conflicting orders during the COVID-19 pandemic, whose order regarding the use of facial coverings outside a courtroom, jury room, and judge’s chambers in a county owned courthouse controls - the order of a county judge, a commissioners court or a judge presiding over a courtroom in the courthouse?
Texas A&M University, the University of Texas at Austin and Texas State University officials have all announced that masks will be non-negotiable next semester. Each campus will require masks in buildings other than private offices or rooms and will encourage masks outdoors when social distancing is difficult.