Nashua Board of Alderman to Vote on Curfew

The Nashua Board of Aldermen is having back-to-back meetings Monday, December 21, and Tuesday, December 22 to discuss and vote on an ordinance “Relative to a ban on certain indoor activities for certain businesses starting at 9:30 PM.”

Related: Nashua Board of Health to Recommend Curfew Today – Granite Grok

This is the curfew ordinance that was unanimously recommended by the Nashua Board of Health at their last meeting.

Monday’s special aldermanic meeting is at 7 pm. A public comment period precedes the discussion by the aldermen.

See the meeting agenda for the details and info on how to connect and participate.

Ordinance O-20-044 as listed in the agenda:

ORDINANCE

RELATIVE TO A BAN ON CERTAIN INDOOR ACTIVITIES FOR CERTAIN
BUSINESSES STARTING AT 9:30 PM

CITY OF NASHUA

In the Year Two Thousand and Twenty

          WHEREAS, there is currently a state of emergency in the State of New Hampshire due to the outbreak of the 2019 novel Coronavirus (“COVID-19”);

          WHEREAS, on March 11, 2020, the COVID-19 outbreak was characterized as a pandemic by the World Health Organization;

          WHEREAS, the Federal Centers for Disease Control and Prevention (“CDC”) have advised that COVID-19 is spread mainly by person-to-person contact and that the best means of slowing the spread of the virus is through practicing social distancing and by minimizing personal contact with large groups and with environments where this potentially deadly virus may be transmitted including, in particular, spaces that present enhanced risks because of large number of persons present or passing through who may spread the virus through respiratory activity or surface contacts;

          WHEREAS, as the City has seen a recent increase in cases, further intervention is warranted to moderate case growth; and

          WHEREAS, the Board of Health held meetings to discuss the adoption of a “curfew” for the City of Nashua to slow the spread of coronavirus disease in the community during high risk activities that promote the spread of the virus.

          Now therefore, the City of Nashua ordains that the following regulation unanimously adopted by the Nashua Board of Health is hereby approved:

          Effective at 12:01 AM on the day following passage of this legislation, in the City of Nashua no indoor activities may take place after 9:30 PM at any establishment where masks cannot be worn the entire time on site, specifically at bars, restaurants, and night clubs where eating or drinking occurs where masks have to be removed.

This ordinance shall continue in effect until rescinded by action of the Board of Health or the Board of Aldermen.

The City Clerk is directed not to codify this ordinance in the Nashua Revised Ordinances but to designate it as Covid-19 Emergency Measure No. (City Clerk to assign appropriate number upon passage) and publish it and any subsequent emergency measures on the city website.

At the Tuesday meeting, which starts at 7:30 pm, the aldermen will vote on the ordinance. There will be a public comment period preceding the vote. See the meeting agenda for details.

In early November, Tim Cummings,  Nashua Director of Economic Development, sent a memo to Bobbie Bagley, Director of Public Health, that makes some important points about the curfew. Why was this memo not discussed at the Board of Health meeting where the Board voted to recommend the ordinance?

Here is an excerpt from the memo:

  • What is the anticipated duration of this “curfew” ?
  • What are we trying to accomplish ? – Please justify the rational – And if data/metrics can be developed – (“otherwise why are we doing this” ?)
  • Is there any assistance forthcoming from state/feds/city to help offset the impact either to employees directly or businesses themselves ?
  • Come 930 it’s spaced out already. It’s not going to help… You need to focus on younger focused businesses that serve alcohol – It’s not the 930 crowd It’s the 11 PM crowd you want to focus on.
  • What’s the data say? Does it say 930? Why 930 and not 10 ?
  • “Kneejerk reaction” it’s not necessary. Cases are going up as there is more testing, but there is no need to put in a curfew as hospitals are handing the cases they see and there are treatments.
  • Are there other ways to accomplish the same goal ? Have they been explored ? (i.e. more education and promotion of social distancing)
  • Bars/clubs are a problem – can they be individually treated and leave eat-in restaurants alone.

Alderman-at-large Brandon Laws says he is going to vote against the curfew in this Facebook post:

Just got off the phone with a friend in the restaurant business who was unclear about where I stand on the possibility of implementing a curfew. After receiving several similar texts, emails, and phone calls in the last two weeks I wanted to make sure people understand my position on this so there isn’t any confusion.
I am 100% against a curfew. I was against it during the Thanksgiving weekend when people customarily travel, congregate in crowds, and are surrounded by family, but I was open to the idea of a curfew for the four nights of that typically busy holiday weekend simply because I knew that it would ultimately contribute to a spike in cases and people getting sick. Now that the weekend has passed I can see no benefit from a curfew that outweighs the financial impact it would have on businesses and employees who work within them
Mayor Jim Donchess has been very quiet about the curfew. Presumably that means he is not too keen on it, although he could surprise us.
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