Omaha City Council approves of emergency mask ordinance

A unanimous vote from all seven Omaha City Council members is putting a mandatory public mask ordinance into effect immediately.

The proposed emergency ordinance, requested by councilmembers Chris Jerram, Pete Festersen, and Ben Gray, passed 7-0 during Tuesday’s council meeting. It needed approval from six of the seven council members to go into effect immediately. Mayor Jean Stothert has said she would support whatever decision is made on the issue by the council.

After more than three hours of public comment, for and against, the emergency ordinance, Councilman Pete Festersen said that should the emergency ordinance pass, businesses would be required to post a sign notifying customers of the emergency ordinance. He said the council has prepared a poster that businesses can easily find and print in order to comply with that particular mechanism of the ordinance.

Councilman Brinker Harding said the ordinance was “clunky” because of when it sunsets. Originally, it was set to sunset in October, which he said was far too long. The amendment scaled that back to September, which would put the emergency ordinance into effect for about a month. He also said the original ordinance was too restrictive. “We’re trying to make it as nimble and responsive as it can be,” he said.

He also applauded those who gave public comments opposing a face mask ordinance because they have a medical condition that prevents them from doing so and admonished those who would ridicule or badger someone who isn’t wearing a mask, likening it to those who have a handicapped placard for their car and park in a handicapped stall then walk into a store.

Councilwoman Aimee Melton said a “no” vote wouldn’t stop anything, and said she appreciated the efforts to make an emergency mask ordinance more reasonable. She also said she wasn’t going to vote “no” and let the ordinance go through with heavier consequences.

She talked about her concerns about her son wearing a mask at school, but that she wants him back in school, and she has been working. “If you see somebody not wearing a mask, assume they have a good reason,” she said.

Amending the fee from $100 to $25 means they won’t get court costs tacked on, she said, and it won’t be a misdemeanor, which means it’s not a jailable offense. “No one’s going to jail for not wearing a mask,” she said.

Melton said she agreed with Gov. Pete Ricketts that mandates don’t work and aren’t needed, but also pointed out that the governor said masks need to be worn and are effective. “I do wish people would just voluntarily wear the mask,” she said.

The ordinance will also compel Dr. Pour to give the council weekly briefings, Melton said.

Councilman Gray expressed concern for health-care workers and wanted to make sure they feel supported by the community. People on the front lines “need to know that we care about them,” he said. “What I’m afraid of, really, is that if we don’t slow the spread... and we have to close again? A couple of our districts are going to be devastated. I’m not going to run the risk of devastating my district,” Gray said.

Councilman Jerram said it was unthinkable to know that science and medical experts compelled him to act in a certain way but that he refused to do so. “I don’t want to have that on my conscience,” he said. “There’s a public emergency, folks.”

The ordinance requires anyone over the age of five to wear a mask if social distancing isn't an option. The mandate does not apply to patrons at bars or restaurants, and also doesn't apply to those who are seeking government services. The ordinance states that those who have medical or mental health conditions, who cannot wear a mask due to their conditions, will not have to abide by the mandate.

The mandate is set to expire on September 15th.


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