Local Republican chair makes good on mask lawsuit against Leon County

Karl Etters, Tallahassee Democrat
·4 min read
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The morning Leon County’s mask mandate went into effect, a lawsuit promised by the chair of the local Republican Party was filed in circuit court.

Filed Thursday just before noon by State Rep. Anthony Sabatini, R – Howey-in-the-Hills and Tallahassee attorney Richard Coates, the 12-page lawsuit brought by Evan Power against Leon County targets the new requirement of masks in indoor spaces and when social distancing is not possible as a way to slow the spread of coronavirus.

Evan Power
Evan Power

Power is the chair of the Leon County Republican Party and has been vocal about his opposition to the mask requirement unanimously approved on Tuesday. He maintains that the ordinance is a "far left" effort to push "mandatory mask wearing to increase fear that puts our small businesses and economy at risk."

Masks in the headlines

Sabatini – who has also filed a similar lawsuit against Orange County – said the local mandate “would result in arbitrary enforcement with abusive results against Floridians in the middle of a recession. No county should be able to fine $250 for not wearing a mask.”

The ordinance, enforceable by local law enforcement, comes with a $50 fine for the first violation, $125 fine for a second and $250 for a third and subsequent violation and includes a host of exemptions.

The lawsuit claims the emergency ordinance violates privacy, due process, religious and equal protection laws.

“Leon County has made no attempt to justify this intrusion on privacy,” the lawsuit claims. “Vague, unproven messaging from the Leon County Commission regarding public ‘safety’ has not come close to establishing compelling state interest justifying the intrusion.

“The citizens of the Leon County public are burdened by the over-reach of their local government unprecedented in Florida history.”

The county had no comment on the lawsuit.

"The county does not comment on pending litigation and will continue focusing on protecting public health during this pandemic," said County Administrator Vince Long.

The lawsuit claims irreparable harm because “constitutional rights are being violated,” and claims someone can be arrested for violating the ordinance.

The ordinance, however, states: “A violation of this Emergency Ordinance does not authorize the search or arrest of an individual.”

The lawsuit cites White House and state reopening guidelines, neither of which includes the requirement to wear face coverings.

Multiple health officials around the country, including the Leon County Health Administrator Claudia Blackburn, have said that the recent rise in coronavirus cases is partially linked to the pace of reopening and trends show signs of community spread locally. Increased testing capacity is also a factor.

The lawsuit also cites comments from a World Health Organization epidemiologist, that were walked back, that said it was "very rare" that asymptomatic people were spreading the virus.

Dr. Maria Van Kerkhove, head of the WHO’s emerging diseases and zoonosis unit, clarified her statements to say people showing no symptoms are not the main way the virus is spread.

The WHO indicated on June 7 that “the widespread use of masks everywhere is not supported by high-quality scientific data.” But 12 days later, the WHO said in areas with widespread community transmission of the virus and in places where social distancing is hard, “government should encourage the general public to wear a fabric facemask.”

►World Health Organization Q&A on masks

In the past week, Florida has seen an explosion of cases with several days last week surpassing records numbers of new cases and again this week when more than 5,500 were identified Wednesday and another 5,000-plus Thursday.

However, locally only five people are reported to be hospitalized because of coronavirus, and nationally, mortality rates are declining, according to Dr. Dean Watson with Tallahassee Memorial HealthCare.  

Multiple private and governmental health agencies, including the Florida Department of Health, Florida Medical Association and State Surgeon General Scott Rivkees, recommended that all individuals wear a mask if they are not able to keep at least 6-feet of distance from others.

Generally, health officials agree masks slow the spread of coronavirus by preventing respiratory particulates from entering the air from people's nose and mouths.

The Leon County ordinance requires anyone inside a business, church or on public transit, under a roof, to wear a mask, defined as a face covering that fits snugly against the sides of the face and covers nose and face.

It allows exceptions for: 

  • children under six

  • people with underlying medical issues or preexisting conditions

  • public safety and emergency officials

  • outdoor exercise or exercise with at least 6-feet of distance between people

  • patrons of restaurants and bars who are eating and drinking

  • and business employees when in an area not open to customers when they can social distance. Workers preparing food must still wear a face covering.

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter.

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This article originally appeared on Tallahassee Democrat: Coronavirus: Leon County Republican chair makes good on mask lawsuit