Augusta Commission OKs mask ordinance, penalties

Anyone who refuses to wear a mask or face covering in city government facilities faces jail time or an up to $1,000 fine, according to an ordinance the Augusta commission approved Tuesday.

Through June 13, anyone over age 2 and able to medically tolerate a mask must wear one to enter city buildings.

The penalties are steep, but the most likely penalty is being denied entry to the building, Commissioner Sammie Sias said during Tuesday’s live-stream called commission meeting.

Not being allowed to enter would be similar to someone refusing to go through weapons scanners at Augusta Municipal Building and the Augusta Judicial Center and John Ruffin Courthouse.

“You don’t have to go to jail if you don’t go through the scanner, you just don’t come in,” Sias said.

Commissioner John Clarke, who voted against the ordinance, said it is “stomping on four constitutional amendments” and will likely get the city sued.

A first reading of the ordinance passed 7-2 with Commissioner Marion Williams also opposed. Due to Williams’ objection, the commission did not waive the second reading so it will appear on an upcoming consent agenda for a final vote.

Williams questioned how the ordinance might be enforced in some buildings but not others. He said like smoking, wearing a mask is a personal choice.

“You can’t tell people who don’t want to to do that,” he said.

Association County Commissioners Georgia, the state lobbying arm for counties, has drafted a model face mask policy. General Counsel Wayne Brown said ACCG cited Gov. Brian Kemp’s verbal support for allowing local governments to require face masks.

ACCG did not include a penalty in its ordinance, but Augusta’s says violators may be charged with a misdemeanor, fined up to $1,000 and jailed for up to 60 days.

Brown said the city can have an ordinance without having to actively enforce it at all locations. The ordinance also depends on Georgia remaining in a state of emergency, which is set to expire June 13, he said.

There are exceptions to the mask requirement set aside in other state laws -- voting and the court system, Brown said.

Commissioner Dennis Williams said the $1,000 fine was too high but supported the ordinance.

“Our responsibility as the leadership of this community is to look out for the welfare and the safety of our employees and our citizens,” he said.

Early voting in the June 9 general primary and nonpartisan election began Monday. Richmond County Elections Director Lynn Bailey said anyone who voted Monday either wore a mask or agreed to put one on.

Most local government offices reopened this week, some with limited staff or hours. Libraries and city recreation buildings aren’t scheduled to reopen until June 1.

Also due to Marion Williams’ objection Tuesday, the commission took no action on a $1 million local business recovery program to be reimbursed with federal dollars. Williams would not give the agenda addition unanimous consent to add it.

Davis said since the emergency declaration items have repeatedly been added without unanimous consent.

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