Board of Aldermen 05-25-2021 Page 40
| would like to know from Attorney Bolton with regards to Alderman Kelly’s concerns. There is a provisory for
essential businesses, does City Hall count under that category? Would we be able to say before 10:00 a.m.
everyone in the building needs to be wearing a mask because that’s how the recommendations were written
and then continue to offer service afterwards for everybody who does not want to wear a mask and wants to
exercise that particular freedom?
Attorney Bolton
These recommendation by the Board of Health are not law. They are not mandatory. So | don’t think City
Government is a “business”. So if | were drafting something of that sort, | would say Government Offices or
Government Facilities, | would not in general interpret government, well the word “business” to include
government. But my point is, that doesn’t matter. Someone could go around not following these
recommendations and that doesn’t reach the law at all. They are not subject to a fine, they are not subject to
any enforcement. And if we are letting everyone else in the building we have to let those people in the building
as well.
Alderman Lopez
Can | have a clarification?
Attorney Bolton
If you want there to be rules on who enters the building and what time and when masks are required and when
they are not required we should put them in the ordinance and if not this ordinance another ordinance. And if
the Legal Department is informed of what any one of you desires to introduce we can draft that for you. But up
to now | have heard absolutely no discussion, no one has contacted my office about writing rules about when a
mask has to be worn in City Hall, when not or anything of that nature at all. So if any of you desire that, we will
be working tomorrow. We will have whatever you desire ready for the next meeting.
Alderman Lopez
Can | ask clarification of Attorney Bolton?
President Wilshire
Alderman Lopez.
Alderman Lopez
Attorney Bolton, you said the statement that if a person decides not to follow these recommendations there’s
no law or ordinance requiring them to. You were speaking in reference to City Hall? If a business says we
require masks on our premises is there an obligation of the person to follow the wishes of that business.
Attorney Bolton
Yes, if they are in violation of what the business is requiring, they are guilty of criminal trespass, they can in
fact, it wouldn’t happen but in theory they could be found guilty of a misdemeanor and sentenced 12 months in
the House of Correction. So yes, if a business says you can only come into this facility if you are wearing a
mask and someone comes in without following that requirement, they are guilty of criminal trespass. So yes,
there is teeth in that.
