Board Of Aldermen - Agenda - 9/9/2020 - P15
Flavia Martin, a public health nurse with the city’s Division of Public Health, said Wednesday there is now an
average of about four new cases per day in Nashua compared to the 10 or 12 new cases a day the city was
experiencing previously.
“Ninety-six percent of our citizens in Nashua are recovered at this time, which is amazing,” said Martin, adding
there are currently 34 active cases in the city. Overall, 38 of the 41 deaths in Nashua associated with COVID-
79 occurred at effher Greenbriar Healthcare or The Huntington at Nashua where previous outbreaks took
place, according to Martin.
The city has an estimated population of 89,246 people. The simple and basic math indicates that the current
case positivity rate in the state based on our population is 0.036%. Additionally, 92.6% of our fatalities
occurred in two long term care facilities. None of these fatalities can be linked to community transmission.
- None of these fatalities could have been prevented if customers in stores or restaurants or businesses were
~~ subjected toa mandatory mask ordinance. = eee
The proposed new ordinance is not only unnecessary, but it is iikely to create confusion for citizens and
businesses who are trying to interpret the rules, as well as law enforcement. The State of New Hampshire has
already created the Governor's Economic Re-Opening Task Force to address reopening guidelines. The Task
Force has met over fifty times since April, and has issued approximately sixty different specific reopening
regulations for businesses, as well as tourism and recreation. Over the last few months, the Task Force has
updated its Universal Guidelines and industry-specific guidelines on several occasions in order to ensure that
they are based on the latest science and medical recommendations, including input from the Division of Public
Health. Most recently, on August 13, 2020, the Governor issued Emergency Order 65 which provides the
Attorney General’s Office and the Division of Public Health the ability to issue large penalties to businesses
and individuals for non-compliance with the guidelines. These penalties include fines of up to $2,000 per day.
Nashua’s revised ordinance is likely to create confusion because it is overiy-simplistic and it conflicts with a
number of the State’s re-opening regulations. For example, the Governor’s Task Force and Division of Public
Health have adopted specific rules for Gyms and Health and Fitness Facilities. Those rules apply to health
and fitness centers such as gyms, personal and group fitness classes and studios (e.g., aerobics, yoga,
gymnastics, dance, martial arts, etc.), and indoor playgrounds. These rules specify that “All staff and members
must wear a reusable/washable cloth face coverings over their nose and mouth when in the facility and not
actively engaged in workout where a face covering may make it difficult to breathe.” The rules also provide
other exceptions as outlined in the CDC recommendations.
in contrast, Nashua's revised ordinance only allows the removal of masks when “engaged in utilizing cardio,
strength training, and other gymnasium equipment” so long as a distance of six feet can be maintained. The
Nashua ordinance is not only duplicative, but it creates confusion for staff and members of gyms and fitness
facilities because there are no exceptions for fitness classes that do not involve gymnasium equipment, even
when a six foot distance can be maintained. The Nashua ordinance also does not provide any exceptions for
situations in which less than six feet can be maintained, for example, members who are actively receiving
fitness coaching or are involved in indoor/outdoor sports at the facility. It should also be noted that the CDC
recommends that individuals engaged in high-intensity activities should not wear a mask. Unlike the specific
requirements for face coverings set forth in the Task Force’s rules for gyms, fitness facilities, camps, youth and
amateur sports, golf courses, pools and other businesses and recreational facilities, Nashua’s proposed
revised ordinance fails to address a variety of situations in which face coverings are not feasible or
recommended to be worn due to the aihletics involved.
Nashua’s revised ordinance is also problematic because It states that “Persons receiving personal care
services including hair cutting and other hair treatment, facials, tattooing, piercing, and similar services, may
remove face covering during any limited period during which the face covering actually interferes with the
performing of the service.” Oddly, this is actually less strict than the Governor's Reopening Guidelines for
Body Art, which does not allow face coverings to be removed for those types of services. This exception is not
only confusing, but it creates the potential for tattoo parlors to receive fines from the Division of Public Health if
they are unaware of the conflicting rules and choose to comply with Nashua’s ordinance.
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