Board of Aldermen 5-21-2020 Page 28
Alderman Clemons
Ok so my concern with taking out the amendment is (inaudible) | completely understand the wanting to
have disorderly conduct. So in other words, if a business has a policy or we have the Ordinance that says
you have to a mask on. And a person comes in and they refuse to wear a mask and not only are they just
refusing to wear the mask but they are being belligerent or they are throwing stuff or threatening people.
That to me is a separate crime and that’s a crime that’s already on the books. So | think in those particular
situations, even if we were to not pass this and a business had a policy where they required a mask and
somebody refused to wear it, | believe that the Police should be called down and have that person removed
from their property because they are violating the business owner or the property owner’s wishes. So my
fear in removing the warning is that if we do that, then we are leaving it up to a court to decide — well first
we are leaving it up to a court to decide if they are going to fine somebody. And two, we are clogging the
court. Now, again, if there is other disturbances and things like that, then you would call the Police anyway,
you know, for that.
My fear is somebody coming from Massachusetts who doesn’t know the rules or somebody coming from
Hollis or some other part of New Hampshire where they don’t have this. And they are innocent, they don’t
know, they come into Nashua and they are not aware of this. We want to educate people, we don’t want to
be punitive to people. So my thought is give people a warning and if they are a repeat offender, then they
are a repeat offender and we give them a small fine to make sure that they abide. But that’s my thoughts
so | won’t be supporting the motion to remove the amendment.
President Wilshire
Who was next?
Alderman Harriott-Gathright
Yes.
President Wilshire
Alderman Gathright.
Alderman Harriott-Gathright
| agree with Alderman Clemons with this issue. | would not be supporting that as well, removing the first
amendment. | do believe that there should be some type of, even though it is small, but it is still a penalty
attached to this Ordinance.
President Wilshire
Ok further discussion? Alderman Clemons?
Alderman Clemons
Thank you. Just to clarify, my concern is that if we remove this amendment, the penalty could be large, it
could be huge, it could be $500.00, it could be $1,000.00 and if we pass it like that we cannot guarantee
that that won’t be the penalty. So by putting in a warning and putting in the $25.00 we have a penalty. So if
the idea is, we don’t want a penalty, then we can make an amendment that there will be no penalty to this.
But | can’t imagine that that’s what we want to do either; so that’s why | suggested the warning and the
$25.00 was because | don’t want to see it be a punitive penalty on people who really didn’t know or
whatever the case may be.
