With summer drawing near, towns and cities throughout New Hampshire have begun discussing and enacting face mask ordinances. As a result, lawmakers are grappling with the health implications, enforcement tactics and likely public reactions to mandated face coverings, while at least one New Hampshire town is being sued in response to its mandate.
Nashua, the state’s second-most populated municipality, enacted a city-wide face covering ordinance on Thursday, May 21 after a vote of approval from Nashua’s Board of Aldermen.
On Wednesday, May 27, the city was sued by a Nashua resident represented by Fojo Law over the ordinance. The lawsuit stated that Nashua city administrators “lacked the statutory authority to enact such an ordinance,” and alleged that the measure violates the constitutional rights of Nashua residents. The same lawsuit challenged Gov. Sununu’s emergency declaration and subsequent restrictions.
Ordinance 20-018 requires all business employees to wear a face covering “when interacting with the public and whenever they are within six feet of a co-worker or a customer.” Additionally, all members of the public entering businesses (including ones with outdoor operations), work sites or government buildings must wear a face or covering “made of cloth, fabric, or other soft or permeable material, without holes, that covers only the nose, mouth, and surrounding areas of the lower face.”
People entering a restaurant to pick up takeout or other purposes must wear a face covering, but those dining outdoors are allowed to remove the face covering while seated.
The ordinance also states that masks need to be worn when entering and while within “common areas and communal spaces” of a residential or commercial complex greater than two units.
People who violate Nashua’s ordinance could be subject to a fine of up to $1,000. Ordinance 20-018 was initially recommended by Nashua’s Board of Health and will remain in place until either group gives further notice.
Nashua Alderwoman Elizabeth Lu initially found herself hesitant to vote in approval of the ordinance, worried that residents would feel it infringed on their rights. However, she ultimately came around to the measure, because face coverings are meant to protect the masses from the spread of infection
Specifically, she sides with those who have had to return to their respective jobs, saying “My perspective was that none of these people want to go back to work because it’s so fun to go back to work, but that they’re doing it to pay their bills. If they’re protecting their patrons, then if someone else is willing to go out and work, how about we make sure they’re protected as well?”
In Durham, a face covering request was ordered on Thursday, May 28. Administrative Order 7 “requests all residents, visitors, business employees, and passersby within the jurisdictional boundaries of the municipality to wear cloth face coverings when outside of the home to help slow the spread of COVID-19” in the town.
“This advice is based on data about how COVID-19 can spread before a person has any symptoms. A mask helps protect others around you if you are infected and don’t know it,” the order states.
Durham Town Administrator Todd Selig is adamant that the practice of wearing a face mask or covering is for the greater good after speaking with DHHS.
“Life in Durham is no more dangerous than life in Manchester, Nashua, Lebanon, Salem, Littleton, or Concord — we must all be equally vigilant to remain healthy with the virus present in society,” he said.” “Proactive mask wearing is essential in Durham’s downtown, on campus, at the grocery store, and anytime we are out and about amongst other people in New Hampshire.”
He added that Durham municipal facilities “have signage in place requesting voluntary face coverings, and masks are available that have been individually bagged for sanitary purposes.”
On Monday, June 1, Portsmouth Assistant Mayor Jim Splaine proposed during a Zoom City Council meeting that the city “respectfully advises” residents and guests to wear a face mask when social distancing measures cannot be maintained indoors and outdoors. The motion also proposed that Portsmouth businesses “respectfully urge” residents and guests wear face masks upon entering their respective locations.
Splaine, who had previously expressed support for a face mask mandate, revised his stance after speaking with Portsmouth Mayor Rick Becksted, city residents and after observing social media reactions to the topic, he said.
“I think all of us want to be able to see us return to normal, whatever that new normal for a while is going to be,” he said. “One of the ways to do that is to make sure that we do not see numbers go up now that we are doing something different, and that is getting together again.”
Mayor Becksted cited concern that the motion became a step closer to a mandate and that people would test the boundaries of it. He argued that the city’s Market Square matrix board message saying “the mask is all we ask” was enough to inspire residents and visitors to take proper precautions.
Becksted worried that people challenging any request to wear masks might begin a confrontation and potentially get the police involved, and that visitors might come into the city to attempt testing those boundaries and risk the spread of infection.
“I don’t think we should be putting our city at risk,” he said.
Ultimately, the motion passed 7-2, with Councilor Petra Huda joining Mayor Becksted in opposition.
Portsmouth City Manager Karen Connard later added that the city has been successful in its outreach asking residents to take proper precautions. Right now advising residents to wear masks – but not mandating it – is enough, she said.
“We don’t want to mandate because the data and science don’t warrant that we mandate policy around it,” she said.
In a virtual meeting of the Salem Board of Selectmen on Monday, May 11, a face mask ordinance was proposed but never voted on. Selectman Jim Keller wanted the town to consider the measure because of its proximity to Massachusetts – which has been hard-hit by infections – and the area’s large elderly population. Selectmen listened to public opinion, but the measure – which would have fined people $200 for not wearing masks – did not gain any support from other board members.
As of 9 a.m. on Thursday, June 4, New Hampshire had diagnosed 4,876 coronavirus cases, held a 65% recovery rate and had seen 273 deaths, per the New Hampshire Department of Health and Human Services (NHDHHS). For more relevant statistics, visit the DHHS’ COVID-19 webpage.
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