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Council passes Ordinance 7893 on first reading 4-1 after amending it to a 15% hospitalization trigger
At a special meeting the Environmental Health Director presented Ordinance 7893, declaring a site that fails to meet minimum standards designed to prevent the transmission of COVID-19 a public nuisance and authorizing civil and criminal enforcement. He said enforcement would begin with a warning and time to correct problems, that there had been no enforcement of the current protocols, and that the ordinance applied only to businesses in the City. After a public hearing, the council voted 4-1 to amend the motion to tie the ordinance to a 15% hospitalization rate based on the Governor's standards, then 4-1 to pass it on first reading. Councilmember Hays voted no both times.[1][2]
Ginger NelsonFreda PowellEddy SauerHoward SmithElaine HaysJared MillerCasie Stoughton
What the sources say
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Ordinance No. 7893 is captioned as declaring a site that fails to meet certain standards designed to prevent the transmission of COVID-19 a public nuisance, authorizing civil and criminal enforcement and declaring an emergency measure. The City Manager said a task force had based it on Texas Health and Safety Code Section 341.011. [1]
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The Environmental Health Director told the council that there had been no enforcement of any of the current protocols, that the department had provided education and on-site training to businesses, that GA-29 was not practicable to enforce, and that under the ordinance a warning would be issued and businesses allowed to correct problems before enforcement. The City Attorney said GA-29 had legal hurdles and operational limits on enforcing mask-wearing. [1]
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Asked why government offices were excluded, the Environmental Health Director said the ordinance was based on the Health and Safety Code and that government offices are exempt from state statutes. [1]
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On November 20, 2020 the council voted 4-1 to amend the motion "to reflect the seven-day metric of 15% from orange to 15% hospitalization rate based on the Governor's standards," then voted 4-1 to pass Ordinance 7893 on first reading. Nelson, Powell, Smith and Sauer voted yes; Hays voted no both times. Powell moved and Sauer seconded. [1]
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KVII reported that the ordinance would apply to businesses when more than 10 people were present, and that as amended it would take effect only when the hospitalization rate was above 15% for at least seven consecutive days; enforcement would start with education and on-site training, then a warning citation for a second offense, with a fine as the last resort. [2]
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elaine-hays: Councilmember Hays said she was against the ordinance because it was impossible for businesses to control and put the responsibility for mask-wearing on businesses; Mayor Nelson said it was being considered because hospitals were breaking records for patient numbers and that she wanted it as narrow as possible. [1]
