Board of Aldermen 5-21-2020 Page 32
Alderman Jette
If | could Madam President through you, if | could ask Attorney Bolton, when Alderman Kelly made the
motion to amend by providing for a written warning, you expressed some misgivings about that. How do
you feel about Alderman Clemons’ verbal warning? What are your thoughts on that?
Attorney Bolton
Board of Aldermen 5-21-2020 Page 31
Attorney Bolton
OH — | have gotten more communications than the Board of Aldermen has about people who intend to do
that if this passes, “I will be going downtown, | will be NOT wearing a mask and | dare you to do something
about it”. I’ve gotten that type of communication. So | do expect there will be some testing of this.
Alderwoman Lu
Board of Aldermen 5-21-2020 Page 30
President Wilshire
Alderwoman Lu.
Alderwoman Lu
Thank you. Through you to Attorney Bolton if | could. Does a store owner have the right to ask someone to
leave their store?
President Wilshire
Attorney Bolton.
Attorney Bolton
Most often the answer is yes if the patron ... | didn’t hear that.
Alderwoman Lu
Sorry. If they had a sign indicating masks required, would they have a right to ask a person to leave?
Attorney Bolton
Board of Aldermen 5-21-2020 Page 29
President Wilshire
Well | think Alderman Clemons that if we pass this Ordinance that there would be something that we could
put downtown or near the restaurants that say “Per NRO you have to wear a mask”. So even if you are
from out of town or from Nashua, most people will see that and realize that masks need to be worn. Ok
further discussion.
Alderman Lopez
Madam President, | had my hand up. Sorry.
President Wilshire
Alderman Lopez.
Alderman Lopez
Board of Aldermen 5-21-2020 Page 28
Alderman Clemons
Board of Aldermen 5-21-2020 Page 27
President Wilshire
And that Motion fails. The motion before us is for final passage of Ordinance O-20-018 as amended, further
discussion on that motion?
Alderman Klee
Madam President?
Alderman O’Brien
Madam President?
President Wilshire
Alderman Klee.
Alderman Klee
Thank you. | think I’d like to go back to Alderman Clemons’ amendment and | would like to ask to have it
removed.
President Wilshire
Board of Aldermen 5-21-2020 Page 26
written warning requirement, but | think the Police Department probably would be able to track fairly easily
first warning and then any subsequent warning if folks have a concern about that.
President Wilshire
Thank you, Alderman Tencza.
Alderwoman Kelly
Clarification please?
President Wilshire
Alderwoman Kelly?
Alderwoman Kelly
Alderman Tencza, are you saying that they wouldn’t necessarily need to have a written to do the protocol
you just suggested?
President Wilshire
Board of Aldermen 5-21-2020 Page 25
President Wilshire
Alderwoman Kelly, what do you think about the written first offense if as the attorney stated, they are not
going to keep track of those offenses anyway. How would we know there was a first offense?
Alderwoman Kelly
Board of Aldermen 5-21-2020 Page 24
President Wilshire
Alderman O’Brien.
Alderman O’Brien
Thank you — question to Corporate Counsel through the Chair if | may. What does, in this type of
circumstance, what does a written warning actually mean? | hate to say it like in St. Peter's Grammar
School, is it part of your permanent record? But the thing is will the Police compile this? So if a stop
received 2 or 3 of these, like with motor vehicles if you get a warning that is on record within Motor
Board of Aldermen 5-21-2020 Page 23
That being said, | did not care for the amendment to make the first offense a warning. | think we need to
strike a balance where people will have to follow this. So | would like to move to amend and make the first
offense a written warning and the second a $100.00 fine.
MOTION BY ALDERWOMAN KELLY TO FURTHER AMEND O-20-018 FOR THE FIRST OFFENSE
RESULTS IN A WRITTEN WARNING AND THE SECOND OFFENSE A $100.00 FINE AND ANY OTHER
SUBSEQUENT OFFENSES
President Wilshire
