Face Coverings in City-Owned Facilities

AS
Austin Stevenson
Tue, Apr 28, 2020 5:37 PM

All,

The Texas Governor has issued an executive order that prohibits local jurisdictions from imposing criminal or civil penalties for not wearing a face covering. However, the handbook from the Governor's Office specifically states that additional local protocols can be established for public health.

Currently, our library plans to reopen on Friday, May 1 at 25% capacity. Is any other city or county requiring the public to wear masks before entering a city-owned or public facility? If so, do you mind sharing your resolutions or orders to that effect?  We think face masks are still necessary at the local level, but are cognizant of potential First Amendment claims.

Thanks,

Austin W. Stevenson
Asst. City Attorney
City of McAllen, Texas
astevenson@mcallen.netmailto:astevenson@mcallen.net
T: (956) 681-1090

[https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png] https://www.mcallen.net/census2020/

Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination.

All, The Texas Governor has issued an executive order that prohibits local jurisdictions from imposing criminal or civil penalties for not wearing a face covering. However, the handbook from the Governor's Office specifically states that additional local protocols can be established for public health. Currently, our library plans to reopen on Friday, May 1 at 25% capacity. Is any other city or county requiring the public to wear masks before entering a city-owned or public facility? If so, do you mind sharing your resolutions or orders to that effect? We think face masks are still necessary at the local level, but are cognizant of potential First Amendment claims. Thanks, Austin W. Stevenson Asst. City Attorney City of McAllen, Texas astevenson@mcallen.net<mailto:astevenson@mcallen.net> T: (956) 681-1090 [https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png] <https://www.mcallen.net/census2020/> Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination.
MH
Mike Hayes
Tue, Apr 28, 2020 6:10 PM

Austin -

We talked about this issue as a staff this morning.  Because the Gov's Report uses language such as "If available, individuals should consider wearing non-medical grade face masks", we decided against requiring.  I think the plan is to address the problem by further limiting the number of people in the library - below the 25 or 50% occupancy threshold.  Now we have to figure out a way we can clean books.

Mike

Michael C. Hayes | City Attorney | City of Kerrville
City Hall| 701 Main St. | Kerrville, Texas 78028
T: 830.258.1115 direct | 830.257.8000
mike.hayes@kerrvilletx.govmailto:mike.hayes@kerrvilletx.gov | www.kerrvilletx.govhttp://www.kerrvilletx.gov/

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Austin Stevenson
Sent: Tuesday, April 28, 2020 12:37 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Face Coverings in City-Owned Facilities

EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
All,

The Texas Governor has issued an executive order that prohibits local jurisdictions from imposing criminal or civil penalties for not wearing a face covering. However, the handbook from the Governor's Office specifically states that additional local protocols can be established for public health.

Currently, our library plans to reopen on Friday, May 1 at 25% capacity. Is any other city or county requiring the public to wear masks before entering a city-owned or public facility? If so, do you mind sharing your resolutions or orders to that effect?  We think face masks are still necessary at the local level, but are cognizant of potential First Amendment claims.

Thanks,

Austin W. Stevenson
Asst. City Attorney
City of McAllen, Texas
astevenson@mcallen.netmailto:astevenson@mcallen.net
T: (956) 681-1090

[https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png]https://www.mcallen.net/census2020/

Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination.
DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule.

Austin - We talked about this issue as a staff this morning. Because the Gov's Report uses language such as "If available, individuals should consider wearing non-medical grade face masks", we decided against requiring. I think the plan is to address the problem by further limiting the number of people in the library - below the 25 or 50% occupancy threshold. Now we have to figure out a way we can clean books. Mike Michael C. Hayes | City Attorney | City of Kerrville City Hall| 701 Main St. | Kerrville, Texas 78028 T: 830.258.1115 direct | 830.257.8000 mike.hayes@kerrvilletx.gov<mailto:mike.hayes@kerrvilletx.gov> | www.kerrvilletx.gov<http://www.kerrvilletx.gov/> From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Austin Stevenson Sent: Tuesday, April 28, 2020 12:37 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] Face Coverings in City-Owned Facilities EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. All, The Texas Governor has issued an executive order that prohibits local jurisdictions from imposing criminal or civil penalties for not wearing a face covering. However, the handbook from the Governor's Office specifically states that additional local protocols can be established for public health. Currently, our library plans to reopen on Friday, May 1 at 25% capacity. Is any other city or county requiring the public to wear masks before entering a city-owned or public facility? If so, do you mind sharing your resolutions or orders to that effect? We think face masks are still necessary at the local level, but are cognizant of potential First Amendment claims. Thanks, Austin W. Stevenson Asst. City Attorney City of McAllen, Texas astevenson@mcallen.net<mailto:astevenson@mcallen.net> T: (956) 681-1090 [https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png]<https://www.mcallen.net/census2020/> Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination. DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule.