LG Council Votes 5-4 to Enforce Mask Order
La Grange Mayor Janet Moerbe cast the deciding vote in a 5-4 decision by the City Council Monday night to pass an emergency ordinance requiring citizens to wear face masks as a way of stemming the spread of coronavirus.
The order closely mirrors the statewide order that Texas Governor Greg Abbott issued on July 2. City Manager Shawn Raborn said the Texas Municipal Courts Association advised that cities should pass such an ordinance in order to enforce the Governor’s mask order.
Four people spoke against the mask order during the public comment period. La Grange business owner Brandon Schielack said businesses should not be forced to require customers to wear masks or kick customers out who are not wearing masks. He urged respect for people’s individual decisions about mask wearing.
“I ask that you do not put this divisive wedge between community and police,” he said.
William Bernsen of Plum asked how police would enforce the ordinance since the Governor’s order states that “no law enforcement or other official may detain, arrest, or confine in jail any person for a violation of this executive order.” Bernsen said that if police stop someone to give them a warning or write a ticket for not wearing a mask, they would be conducting a detention.
Bernsen said some county sheriffs around the state, including Gonzales County Sheriff Matthew Atkinson, are refusing to enforce the Governor’s order. Atkinson issued a press release July 9 saying his office would not enforce the mask order due to the language in the order prohibiting officers from detaining or arresting violators.
“We are in a public health crisis and we will use this opportunity to educate our community while still respecting individual liberties,” Atkinson said.
Sheriffs in Denton, Houston, Montgomery, Gillespie, Upshur, Kerr, Gregg, Nacogdoches and Panola counties have all made similar statements. Bernsen said Fayette County Sheriff Keith Korenek had expressed similar sentiments to a group of citizens recently. The Record attempted to contact Korenek for a public statement on his position concerning the order. Korenek did not respond before this publication went to the press.
B.J. Murphy, who lives north of La Grange, said the mask order infringes on freedoms.
“It is the right of individuals to make the best choices for themselves, in this case, the freedom to choose what’s best for their own health,” Murphy said.
Murphy repeated Schielack’s concern about the mask order creating turmoil between the community and police.
“A decision such as this will certainly create divisions,” Murphy said.
Katie Hamborsky, another area resident, cited language in the Texas Constitution which she said only gives the Governor emergency powers in the case of an enemy attack. She asked Council if the emergency ordinance under consideration that night was a prerequisite for state or federal funding. Raborn said he was not aware of any funding that would be contingent on the City passing such an ordinance.
“This is just a tool for the City to use in the event we don’t get voluntary compliance,” Raborn said.
Raborn added that he believes residents and businesses will voluntarily comply with the ordinance.
“I don’t have any answer as it relates to constitutionality with the Governor and everything,” Raborn said. “I’m going on the belief that the Governor of Texas did his research and thought he had the authority to do it.”
City Attorney Angela Beck was not part of the meeting, which took place by teleconference Monday night. Councilwoman Violet Zbranek said she wished Beck had been on the call “to enlighten us a little bit about the questions these people have.”
Councilman Ken Taylor opposed the emergency ordinance. He began to speak when Councilman John “Honza” Cernosek made a motion to approve the ordinance as presented.
“I’ve still got a question, please, before we go …” Taylor continued.
At that point, Mayor Janet Moerbe called for a second be-fore continuing the discussion. Councilwoman Bonnie Busch seconded the motion.
Taylor then asked why the City’s ordinance did not include some of the language included in the Governor’s order. Specifically, the City ordinance left out the language concerning the option for counties to opt-out of the order if they have less than 20 cases of coronavirus. Raborn said that language was left out of the City ordinance since it didn’t apply to Fayette County, which had 100 active cases as of Wednesday.
Taylor asked Police Chief David Gilbreath whether his officers would issue tickets.
“We’re going to enforce it if it’s called to our attention,” Gilbreath said. “We’re not going to go out looking for people not wearing a mask.”
“I personally don’t have a problem with the masks,” Taylor said. “I have a problem with an ordinance enforcing it in our City.”
“Most businesses in La Grange have put up signs saying ‘Don’t come in if you’re not wearing a mask,’” Gilbreath said. “So we’d be enforcing trespassing laws more than anything else. Because once they ask you to leave, you have to leave.”
Moerbe called for a vote, and the decision was tied four to four. Council members Cernosek, Busch, Jan Dockery and Kathy Weishuhn voted in favor of passing the ordinance. Taylor, Zbranek, Pat Janca and Quenten Gonzalez voted against. That forced Moerbe to cast a deciding vote, and she voted for passing the ordinance.
“I’m going to go ahead and follow the Governor’s recommendation,” Moerbe said. “I feel like he checked out whether it was legal or not before he set it down. It’s his recommendation that it be enforced. Since this has begun, we as a City and County have been following the Governor’s recommendation.”
With that, the ordinance passed five to four. Read the text of the ordinance on page B1 in today’s paper.
Later in the same meeting, the Council voted unanimously to award $10,000 in tourism funds to the Fayette County Fair to be used for advertising the 2020 fair. Several Council members questioned whether the Fair will take place this year since so many other area events have cancelled due to COVID-19.
Raborn said he spoke with Fair Association President Michael Zuhn about this year’s Fair.
“They are still working to have the Fair, but they are monitoring the situation as they go forward,” Raborn said.
“We’re kind of in a jam,” Taylor said. “We need to fund this, but we might be funding something that won’t happen.”
Council voted to approve the funding request with a stipulation that funds will only be released if the Fair takes place.
Fair Association President Michael Zuhn told the Record Wednesday that the Association would make a decision about whether or not to hold the 2020 fair at a meeting on July 27.