Skip to content
The COVID Project
  1. Library
  2. North Dakota
  3. ND-088

Ex. ND-088 Order Primary source read

Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages tied to the State of Emergency

Fargo citywide mask mandate: 'every person within the City shall wear a face covering over the mouth and nose in all indoor environments where a person is exposed to non-household members and where social distancing of six feet or more cannot be assured, and in all outdoor settings where there is exposure to non-household members unless there exists ample space of six feet or more'; no penalty; effective immediately until the City's State of Emergency ends

Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City Commissioners · City of Fargo, Cass County, North Dakota (City)

The COVID Project

The record

Jurisdiction
City of Fargo, Cass County, North Dakota · North Dakota
Level
City
Authority
Municipal emergency powers under the City's State of Emergency (N.D.C.C. ch. 37-17.1 local declaration; Fargo Municipal Code)
Issued
2020-10-19 Oct. 19, 2020
Effective
2020-10-19 (immediately) (read as 2020-10-19)
End
'shall remain in effect until the underlying State of Emergency has ended unless it is sooner modified or terminated'; termination date not verified in this session (read as 2021-03-31)
In force
Oct. 19, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitation types
Emergency declarationFace-covering requirementAlcohol and bars
Addressees
  • every person, family, business and store in the City of Fargo
  • retail alcohol licensees (moratorium extension)
Functions reached
  • EMP every Fargo workplace (mask duty)
  • SF
  • CB
  • BA alcohol retail rules
  • predicate: City State of Emergency from March 16, 2020
Collection
North Dakota ND

Operative words

He said on March 16, 2020, he issued a Mayoral Declaration to denote a State of Emergency in the City as a result of the COVID-19 pandemic, which has since been approved and extended by the City Commission. On July 27, 2020, he said, the City Commission approved a motion directing the public to wear masks where and when appropriate and encouraging businesses to adopt policies prohibiting entry without the wearing of masks.... Therefore, he said, under emergency powers, he is issuing a mask mandate to every person, family, business and store in the City to adopt appropriate measures accordingly. He said those measures include: every person within the City shall wear a face covering over the mouth and nose in all indoor environments where a person is exposed to non-household members and where social distancing of six feet or more cannot be assured, and in all outdoor settings where there is exposure to non-household members unless there exists ample space of six feet or more to practice social distancing. He said although the measures are mandated with the strongest possible recommendation, there is no penalty for non-compliance. The mandate takes effect immediately, he said, and shall remain in effect until the underlying State of Emergency has ended unless it is sooner modified or terminated by the Mayor or unless it is modified or terminated sooner by motion or resolution approved by the Board of City Commissioners.

Enforcement

'there is no penalty for non-compliance' (mandate under emergency powers); alcohol moratorium extension adopted by resolution

Notes

The minutes also record the mayor's statement that Cass County's Smart Restart risk level had escalated 'from Yellow to Orange, which means limiting the number of people in a room to 25 percent of capacity', that the Fargo Cass Public Health Board of Health recommended a mandate by letter of October 16, 2020, and that businesses requested a mandate for fear of 'the escalation to the Red Critical-Risk level, which would mean shutting down bars and restaurants'. The Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages was amended 'to terminate at the same time as the State of Emergency'.

Retrieval note

Official minutes of the Board of City Commissioners published on the City's site. The mayoral declaration of March 16, 2020 and the July 27, 2020 motion are recorded in these minutes; Other 2020 local mask mandates reported in North Dakota (West Fargo, Grand Forks, Minot, Bismarck, Mandan) are described by category only: none was verified in this session.