State legislators will begin meeting indoors this week without any mask mandate even though their buildings are in Concord, a city that still has an ordinance requiring masks to be worn in public buildings to reduce the spread of COVID-19.
This raised questions from some readers about whether the city’s mask ordinance covered the State House and other legislative buildings, rendering the decision of the Republican-led Joint Facilities Committee to remove the mask requirement moot.
Quite the quandary, an example of the legal complications that come up when different layers of government overlap.
The Monitor picked a few brains, including those of Concord City Solicitor Jim Kennedy, to clear it up. Here’s what we found:
Q: What’s the status of mask wearing in the State House and Legislative Office Building?
A: Gov. Sununu lifted the statewide mask mandate as of May 7, leaving it up to communities, businesses and groups to decide what they wanted to do. The Joint Facilities Committee promptly voted on Friday 8-4, along party lines, to end their own mask mandate. The decision will affect Thursday’s session of the Senate, its first in-person gathering since the pandemic hit, which will be mask-optional.
Q: Doesn’t the city require masks in public buildings?
A: Yes, but only if they sell stuff or are doing city government business.
The City Council ruled that through June 1, “it is in the interest of the health and safety of all Concord citizens, residents, visitors, businesses, and the employees of our City and businesses, to wear face coverings while inside a retail establishment.”
The ordinance also says, “Facial coverings will still be required to enter City buildings.” State buildings are not included.
Q: Clear enough. But wait – there’s a gift shop inside the State House! Isn’t it covered by the city ordinance?
A: That’s a good question, so good that it made Kennedy pause and double-check a few documents before answering.
Turns out it is not covered by the city ordinance because guidance from the state Economic Re-opening Task Force, used in the city’s ordinance, does not include government buildings. If the state opened a satellite gift shop in Steeplegate Mall, on the other hand, masks would be required.
Q: Sounds complicated. Is this typical, that state buildings inside Concord don’t have to follow Concord laws?
A: Yes. State property is generally exempt from city ordinances, just as its exempt from paying property taxes, although there are exceptions such as building codes.
Perhaps the most obvious example of this two-tiered system involves protests. If you want to hold a protest on the sidewalk in front of the gate leading to the State House, you need a permit from the city. Move one foot inside the gate, however, and you need a permit from the state.
(David Brooks can be reached at 369-3313 or dbrooks@cmonitor.com or on Twitter @GraniteGeek.)
