Here’s what you should know about State College’s new ordinance, which fines non-mask wearers, others
A long-awaited — and controversial — State College borough ordinance related to the COVID-19 pandemic finally went into effect Wednesday afternoon. And, with it, have come plenty of questions.
The basics are relatively simple: Wear a mask in the borough, or get a $300 fine. Limit gathering sizes, or get a $300 fine. Don’t stand in long lines, or get a $300 fine. But there is also plenty of nuance to the local law passed unanimously by the State College Borough Council, and there are some exceptions to the basics.
Here’s a closer look at the new ordinance and what you should know if you live in the borough — whether you own a home or rent as a Penn State student — or plan to visit:
When you have to wear a mask
If you want to keep it simple, wear a mask whenever publicly indoors and whenever you’re publicly outdoors while within 6 feet of another person.
If you want specifics, here’s an outline of when masks are required, while:
- Playing recreational sports, indoors or outdoors, where there are more than 10 people. (Yes, if you’re playing 7-on-7 flag football, you have to wear masks. Playing 3-on-3 basketball? Then no.)
- Waiting to enter, or inside, any building open to the public, such as grocery stores and government buildings
- Within 6 feet of another person who is not a household member
- In places of employment where the individual is in contact with the public, including preparing the packaging of food and/or beverages (unless separated by a physical barrier)
- On and waiting to board all transport/transit vehicles, such as CATA buses
- Coming into contact, both indoors and outdoors, with any person who is not in the person’s family or is not a household member
When you don’t have to wear a mask
Yes, some people do have exemptions — rarely — where they never have to wear masks. We’ll get to that shortly. But, first, no one is required to wear a mask when:
- Seated at a restaurant or other establishment that offers food or beverage service. (This should’ve already been assumed — since, of course, you’re not expected somehow eat while wearing your mask.)
- Inside a private vehicle or private home
- Outdoors and not within 6 feet of someone else
- Participating in recreational activities, outdoors or indoors, while involving 10 people or fewer. (Again, 3-on-3 basketball doesn’t require masks but 7-on-7 flag football would.)
- Obtaining a service or treatment involving the nose or face, or a medical procedure where removal of a mask is necessary to perform the service. (In other words, for example, you can take your mask off once you sit down in the dentist’s chair.)
- Working at a job where a mask would create work-related risk, as determined by local, state or federal regulators or workplace safety guidelines.
OK, now let’s move on to the people who are exempt from wearing masks altogether:
- Those with a valid medical condition, mental health condition or disability that prevents wearing a mask. (And, no, showing a police officer those fake Facebook medical exemption cards won’t pass muster.) Those who do have a medical condition will have to show real documentation— from a licensed medical professional that says the person cannot wear masks — within five days from receiving a fine. (According to the borough, this does not violate the Health Insurance Portability and Accountability Act, or HIPAA, because people are not required to disclose their specific diagnosis, just the existence of a medical exemption.)
- Those with religious beliefs preventing them from wearing a mask
- The hearing impaired, or those who are communicating with a hearing-impaired person, where the ability to see the mouth is essential for communication
Limited gatherings
Most of the borough’s ordinance adds “teeth,” or repercussions, to existing recommendations made by the state Department of Health and the Centers for Disease Control and Prevention. This part takes those recommendations a step or two further.
Cookouts and parties will be a lot harder to throw in the borough during the pandemic, as residences are capped at 10 total people, whether inside or outside. In other words, if you have six people outside and five people inside, that’s still one too many.
If more than 10 people already live in your residence, then you essentially can’t host guests.
When it comes to public spaces outdoors, like parks and other municipal property, no more than 25 people can gather — a considerable reduction in the 250 currently allowed by the state DOH.
This part of the ordinance was created, in part, to prevent parties that can act as super-spreader events. (The University of Mississippi traced at least 160 cases of the coronavirus back to off-campus frat-rush parties in June, for example.)
Exceptions to limited gatherings
Businesses are exempt from limited gatherings, so places like Cafe 210 and Doggie’s Pub don’t have to limit their customers to 10 inside and/or outside. (That’d obviously be pretty problematic.) Those restaurants and businesses are simply asked to continue following state guidelines, which require operating at 25% capacity for now.
Other exceptions, where the numbers for limited gathering don’t apply, include:
- Weddings
- Funerals
- Protests
- Public and private schools
- Religious functions
No long lines
One of the watershed moments for the creation of this ordinance came during the scheduled weekend of Arts Fest, which was technically canceled but still drew in a considerable number of college-aged visitors.
Several photos of the weekend went viral, after showing dozens of students standing shoulder-to-shoulder — many without masks — while waiting to get into downtown bars and businesses. Councilman Evan Myers likened that weekend to a “failed dress rehearsal” for the fall semester.
So, in response, long lines were essentially forbidden in this ordinance.
To be more specific, no more than 10 customers can wait outside of a business if in the public right-of-way, like standing on a sidewalk. If lines grow long and customers won’t disperse, then businesses have been instructed to call the police.
So what do you do if you’re waiting to pick up food or get in the door? Well, a number of downtown bars and restaurants have already employed the use of apps and online reservation systems — so customers’ places in line are held virtually so they don’t have to wait physically.
At least eight downtown bars are using Line Leap, while other businesses are using Wait While or similar apps.
“Keeping our community safe, campus open and our businesses operating is in everyone’s best interest,” said Rob Schmidt, executive director of the Downtown State College Improvement District. “The ordinance is an important step in that effort.”
Calling police & fines
According to borough spokesperson Douglas Shontz, police will respond to all calls involving a violation of the ordinance — although it’s probably a good idea to exercise some discretion.
Concerned visitors or residents are asked to call the non-emergency line at 234-7150.
Technically, it’s not just police who are authorized to enforce the ordinance. Public safety, health officers, ordinance enforcement offers and emergency management personnel are also included.
All fines are $300, but Shontz clarified that educational tactics and warnings will be preferred at first — although that’s at the officer’s discretion. The council briefly considered making the first offense a mandatory warning, but the bureaucracy of creating such a warning system — keeping track of who was warned — was too burdensome.
Where’s the borough start and stop?
For those unfamiliar with the borough, it’s not an easy answer.
Just because you have a State College address doesn’t necessarily mean you’re actually in the borough. You can check several maps online of the boundaries but, generally, the borough extends north-south from College Heights to University Drive and east-west from Buckhout Street on West College Avenue to right before Porter Road on East College Avenue.
If you’re visiting a neighboring township, in the State College ZIP code but out of the borough, this ordinance does not apply.
How is this legal?
The borough of State College is in a unique position here. Because its local form of government is a home-rule charter, unlike most other surrounding local governments, the borough can essentially do anything not specifically denied by the state constitution or General Assembly.
And, according to officials from both the governor’s office and state Department of Health, state law actually supports such an ordinance.
Officials cited Pennsylvania’s Disease Control and Prevention Act of 1955, which is the same law used to justify the state’s business closure enforcement. However, the issue of whether this ordinance is legal is a bit more complicated than that — as the borough’s solicitor acknowledged Tuesday night.
Because this ordinance directs behavior, district magistrates could choose to side with the fined people who violated the ordinance — if those people choose to appeal. The district justices don’t have to explain their reasoning and could assign a lower fine or simply waive the fine altogether.
On the flip side, the district magistrates could also uphold the fines and then the fined person would also be on the hook for court fees, in addition to the original $300 fine.
But, if you disagree with the fine or ordinance, the only way to directly challenge it is through the court system.
