Mayor Kent Guinn vetoes Ocala emergency mask mandate

Mayor Kent Guinn issued a veto on Monday of the emergency mask ordinance passed by the Ocala City Council last week.

Guinn announced the veto during an appearance on The Sky 97.3 FM on Monday morning. Guinn said the decision came down to the mandate, which would include a fine for non-compliance, being too difficult to enforce.

The emergency ordinance, which was set to go into effect on Saturday, puts the onus of mask compliance on business owners rather than individuals.

Councilman Matt Wardell, who introduced the ordinance, said the requirements are not onerous and include businesses posting a sign that asks customers to wear a mask upon entering, asking those not wearing masks to don one and requiring employees wear masks. Failure to comply could result in a $25 fine.

“There is this misconception that the business would be fined if customers were not wearing masks. That is not the case,” Wardell said.

He also said the employee face mask requirement is not a blanket mandate. Exceptions are included for workers who don’t interact with the public or businesses that have other barriers or social distancing plans in place. Customers still have the right not to wear a mask after they are asked to put one on.

Still, the threat of a fine was one of the main sticking points with Guinn

“My (police) chief and I have talked about it. We will never write a fine. We’re just not going to do it,” Guinn said, referring to Ocala Police Department Chief Greg Graham.

The mayor oversees the police department.

The City Council voted 4-1 in favor of the emergency ordinance on Aug 4. While the measure initially failed to gain a supermajority during its first introduction on July 21, Councilman Brent Malever changed his vote to push the measure through. Council President Jay Musleh was the lone dissenter.

“I am sure it’s going to be obviously challenged.,” Guinn said during his radio appearance.

Guinn also said the move may end with a challenge of the mayor’s veto powers.

“This particular councilman will challenge it on the grounds he doesn’t think I can veto an emergency ordinance,” Guinn said, referring to Wardell.

On Monday, Wardell did question whether the mayor had that authority.

Wardell said he will seek an emergency meeting to take up the veto. Two more council members would need to agree to call an emergency meeting. The veto would require a 4-1 vote by the council to overturn.

Guinn also said two of the city’s attorneys called him on Sunday to inform him of possible fallout over a veto.

“If I were to challenge it, they may have a referendum to take the veto power away from me or any other future mayor. So, game on,” Guinn said.

If an emergency meeting is not called, the next city council meeting is scheduled for Aug. 18.

— Contact Carlos E. Medina at cmedina@starbanner.com