Naperville council rejects mask mandate, passes resolution encouraging face coverings

The Naperville City Council narrowly shot down enacting a local mask mandate, opting instead to pass a less restrictive resolution encouraging the wearing of face coverings in public.

The controversial concept was brought forward last month by Mayor Steve Chirico, who said at the time he would consider more strictly enforcing the state's mask requirement at the municipal level if it meant curbing the community spread of the COVID-19 virus.

But after recently attending his daughter's wedding in Florida, Chirico changed his tune ahead of a failed 5-4 vote Tuesday, saying he believes the city can promote and achieve compliance without taking a heavy-handed approach.

"I didn't run for mayor to impose restrictive mandates on our community and in our citizens' daily lives. And now, having just visited a state with an open economy and no mask mandate, I have witnessed firsthand that less regulation can be just as safe and lead to better results," he said.

"For that reason, I don't believe the mask mandate is a wise public policy that should be instituted in Naperville at this time."

The proposal would have required face coverings in businesses and other public areas when social distancing is not possible. Community service and police officers likely would have been tasked with enforcing the mandate, which included a fine structure for violators, according to city documents.

Chirico said he believes such a rule would be duplicative of regulations "best handled by the state and national government."

Instead, he supported a second option on the council's agenda: a resolution that outlines expectations for community compliance and directs staff members to increase the city's ongoing public awareness campaign promoting mask-wearing. The measure, approved in an 8-1 vote, includes suggestions such as placing signage along downtown entrances and issuing positive reinforcement for compliance.

The council heard overwhelming opposition among the several speakers and 138 comments read into the record during Tuesday's meeting. Many called the proposed mandate "unconstitutional" or an abuse of power, saying the decision to wear a mask should be up to the individual.

"Instituting a universal mask mandate - worse off, a fine for noncompliance of said mandate - would represent dramatic overstep of our local government," resident Brett Neumann said in a written comment.

However, some community members expressed concerns over a recent surge in COVID-19 cases and said requiring face coverings in public could help protect residents and health care workers. That sentiment was echoed by council members Judith Brodhead, Benny White, Theresa Sullivan and Patrick Kelly, who voted in favor of the mask mandate.

"I can tell you for a fact there are many, many people not wearing masks downtown," Kelly said. "If we can take action to help improve those odds and help our seniors, help our disabled residents, help our health care workers and our struggling small businesses, I think we have almost an obligation to do so."

Dissenting votes were cast by Chirico and council members Paul Hinterlong, John Krummen, Kevin Coyne and Patti Gustin. They agreed face coverings are an important tool to combat the virus, but said they don't believe a mandate would be an effective approach.

Krummen also expressed concerns over the clarity of the rules and possible enforcement issues.

Coyne, who also voted against the subsequent resolution, said he believes more regulations would only create more drama and further divide the community.

"In my view, it's very unfortunate that we put this on our agenda," he said. "I don't know how anyone up here could believe that our passing either of these options would lead to more people wearing masks in public."

Kelly and Sullivan also voiced frustration over adding the topic to the agenda, which Kelly said ignited a "firestorm." But they said failing to take a stance would be irresponsible amid the public discord.

Amid "intense national debate" about how communities should handle the pandemic, Chirico said his goal was to initiate an open discussion about potential mitigation efforts in Naperville.

The mayor, a vocal supporter of mask compliance, was under fire last week after a woman identifying herself as his niece called him out on Twitter for attending his daughter's Florida wedding. A photo circulating on social media showed Chirico at the outdoor event with his wife, children and a grandchild, none of whom were wearing masks.

Chirico responded in a statement and again Tuesday, saying he and his family tested negative for the virus before the trip and followed all travel guidelines. Social distancing regulations were enforced throughout the 53-guest wedding, he said, and they quarantined and were tested again upon returning to Illinois.

Though he knows some people don't believe their actions were enough, he said, immediate family members were cautious and remained in their "COVID bubble."

"We're all taking steps to protect ourselves, our family and our neighbors," he said. "Together, we are united by shared sacrifice so we can overcome the horror and damage of this public health crisis."