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Columbia City Council pauses on beefing up mask ordinance amid COVID-19

Columbia City Council on Tuesday sidelined, at least for now, a measure that would have enhanced the city’s mask ordinance amid COVID-19 by, among other things, taking fines up to $500.

Council was initially scheduled to consider the beefed-up mask ordinance on its regular agenda Tuesday afternoon. However, it was withdrawn as an action item on the agenda, though Council did discuss the matter behind closed doors.

The city’s longstanding mask ordinance, which has been on the books in one form or another since June, remains in place. That measure runs through April.

Under the new ordinance that had been set for Tuesday’s agenda, a first mask offense for an individual would still be $100. A second offense would be a fine of $200, and third and any subsequent offenses would carry a $500 fine.

The proposed ordinance also said that a business owner, manager or supervisor could be hit with fines if they fail to ensure their employees wear their face masks. Those also would be escalating fines, starting at $100 for a first offense, $200 for the second offense and $500 for the third offense and beyond.

The would-be law also would levy the escalating fines on business owners or managers if they fail to ensure masks are worn by customers in or on the business’ premises.

And the proposed ordinance said that, if there are three or more mask violations at a business within a period of seven days or less, the city could declare the business a public nuisance. There are a number of penalties that could come under nuisance laws, including the suspension or revocation of a business license, though the ordinance noted there could be “other legal and equitable remedies” to the situation.

But ultimately that proposal was pulled from Tuesday’s agenda. In an email to top city staffers over the weekend, third-term Mayor Steve Benjamin asked for its removal, saying that, though it may be well-intentioned, he worried the ordinance as written was like “trying to kill a fly with a sledge hammer.”

The mayor said there needs to more discussion about any enhancement to the city’s mask laws.

“Public health remains our priority so let’s continue to review our options for the small number of businesses who flout the letter and/or spirit of the law, while not making it more difficult for hard-working businesses that are attempting to navigate these historic and difficult times,” the mayor wrote in his weekend email to staff.

When asked Tuesday by The State when the matter might come up for a vote, Benjamin was not sure when or if it would.

“I don’t know if we will consider one again just yet,” Benjamin said. “We need to have more discussion among Council and the public before we move forward with anything.”

While case counts remain high, there are some encouraging signs with COVID-19. On Tuesday, the state Department of Health and Environmental Control reported 868 new cases of the virus, and 16 new deaths. It was the first time in three months DHEC had reported less than 1,000 new cases in a day.

Meanwhile, hospitalizations have shrunk since their high point in January. There were 2,466 COVID patients in state hospital beds a month ago, while DHEC reported 1,230 COVID patients in SC hospitals on Tuesday.

This story was originally published February 16, 2021 at 2:57 PM.

Chris Trainor
The State
Chris Trainor is a retail reporter for The State and has been working for newspapers in South Carolina for more than 21 years, including previous stops at the (Greenwood) Index-Journal and the (Columbia) Free Times. He is the winner of a host of South Carolina Press Association awards, including honors in column writing, government beat reporting, profile writing, food writing, business beat reporting, election coverage, social media and more.
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