OCEAN CITY — The mask mandate on the Boardwalk, particularly when one is exercising, became the subject of debate and confusion, although the discussion was left open with no clear answer.
Two weeks ago, Mayor Rick Meehan issued an emergency declaration requiring a face covering on the Boardwalk between the hours of 8 a.m.-2 a.m. in conjunction with Gov. Larry Hogan’s directives requiring the same in most public areas.
However, during a rather innocuous review of last week’s Bicycle and Pedestrian Advisory Committee meeting, Councilman Tony DeLuca provided an update of the Mayor’s Bike Ride planned on Sept. 22 on the Boardwalk in conjunction with the “National Bike to Work” campaign during that same week. DeLuca explained it is understood face coverings are not required to be worn on the Boardwalk while exercising, although face coverings must be worn before and after the event.
DeLuca then went through the rest of his BPAC report, but Council Secretary Mary Knight wanted to revisit the Boardwalk mask issue at the end of his presentation. She asked DeLuca, City Solicitor Heather Stansbury and staff for clarification because she believed the mayor’s declaration requiring the wearing of masks on the Boardwalk between 8 a.m. and 2 a.m. to include all types of activities.
“When you were talking about the mayor’s bike ride, you said they will not have to wear masks because they are exercising,” she said. “I thought the mayor just passed an emergency declaration that you have to wear a mask on the Boardwalk at all times regardless of your activity.”
DeLuca deferred to Stansbury, who explained there are exceptions in the mayor’s local declaration that follow the same directives in Hogan’s orders regarding masks in public areas.
“There are many exceptions to that declaration that follow the exceptions set forth by the governor,” she said. “One of those exceptions is engaging in an activity where the use of a face covering would likely pose a qualified safety risk. It would be up to the user or the operator of the bike to determine whether or not they felt their safety was at risk.”
For his part, DeLuca said his understanding is the Ocean City Police Department is not enforcing the mask order for those jogging, riding bikes or otherwise exercising.
“I was up there last week and I asked every police officer, and to a person, they all said when you’re exercising, jogging or riding a bike on the Boardwalk, you don’t need a face mask on the Boardwalk,” he said.
Stansbury said the declaration left open some gray areas in terms of exercising that individuals must decide on their own.
“It’s up to an individual to decide if any of the exceptions apply to them,” she said. “Of course, we hope for voluntary compliance and we hope people will use good judgment, but that’s what it says.”
Councilman John Gehrig pointed out what appears to be an obvious contradiction in the mask requirement when one is just walking along the Boardwalk and another is getting in a work out.
“Basically, if you’re walking normally and breathing through your nose while wearing a mask, you have to have it,” he said. “If you’re exercising and breathing hard with your mouth open and spewing spit and sweat everywhere, you don’t need a mask.”
Meehan, who crafted the local declaration in conjunction with the governor’s directives, agreed with Gehrig’s assessment and said the exercise exemption was never the intent.
“I don’t agree with that interpretation of the mask requirement on the Boardwalk,” he said. “I think Councilman Gehrig’s comment was right on the money. If you’re up there walking hard or working out on the Boardwalk and everyone else is wearing a mask and you’re not, then you’re the one spewing everything in the air.”
Meehan said after discussion with the council prior to the Boardwalk mask declaration, the hours of 8 a.m. to 2 a.m. were chosen for that reason.
“That’s why we didn’t put it into effect until 8 a.m. because it was said there are many people that jog or exercise early in the morning,” he said. “Otherwise, I think it defeats the purpose and that’s not what I intended. I think masks need to be worn on the Boardwalk between 8 a.m. and 2 a.m. period.”
Gehrig said the public is generally divided on the mask issue and that there may be no right or wrong answer.
“I think the people that wear a mask all the time are right, but I also think those who think masks are overrated are probably right too,” he said. “If people are jogging through a crowd without a mask, they might be a higher risk to those around them. Maybe we allow exercise on the Boardwalk without a mask later in the morning. Maybe it’s noon so everybody can get out there and get their workout in before lunchtime when the crowds start getting bigger.”