A man with asthma says Key West can’t force him to wear a mask. He’s taking action
A Key West man on Monday sued the city over its strict mask law that requires people to wear facial coverings outside, even if they can stay six feet away from others.
Key West leaders have said the emergency directive, which was signed by Mayor Teri Johnson and City Manager Greg Veliz on July 13, is needed to stop the spread of the novel coronavirus.
Anyone who defies the order is subject to arrest and could end up in jail for up to 60 days and ordered to pay a $500 fine, the city says.
Joseph R. Bracciale, however, says in his lawsuit that the mask order interferes with his personal freedom and his business, which are not named in the suit.
Bracciale also says he has asthma and should not be forced to wear a mask.
Key West has the “most severe mask ordinance in the country,” according to Bracciale’s attorney, Anthony Sabatini, also a Republican state representative from Lake County, Florida’s District 32.
“If you step out of your front door without a mask, you will be arrested and punished with 60 days of jail,” Sabatini posted on his Facebook page.
Sabatini wrote, “The mayor has become a radical dictator and has NO legal authority to issue the emergency directives that she’s been authorizing. Complete abuse of power.”
Sabatini said in an interview Monday he is the attorney behind 11 anti-mask lawsuits.
“Seven counties, four cities,” he said.
“You don’t need a penalty,” Sabatini said. “If you just encourage people to wear masks, they’ll wear masks.”
Sabatini said he lives in a suburb or Orlando and sees a lot of people wearing masks.
“But we have no law,” he said. “The issue is the role of government and do they have the legal right to do something they’ve never done before, which is to make people wear masks almost all day.”
Sabatini said Bracciale owns “various businesses,” but would not name any, saying his client is suing as a citizen.
“He’s a bit of a private person,” Sabatini said, when asked if his client would also give an interview to the Miami Herald.
Key West City Attorney Shawn Smith declined to comment.
The lawsuit was filed Monday in Monroe County Circuit Court and was assigned to Judge Bonnie Helms.
Mayor Johnston doesn’t have the legal authority to issue such a directive, according to the suit.
“The city’s charter states that all legislative power is vested in the city commission,” the suit states.
Key West city commissioners are scheduled to meet at 5 p.m. Tuesday to vote on a new proposed mask ordinance.
Sabatini said if they make the mask directive into a local law, Bracciale’s lawsuit will still continue.
Monroe County commissioners this month unanimously passed a Keys-wide mask ordinance that requires everyone over age 6 to carry a mask with them when they leave home and wear it indoors.
People must wear the mask outside when they cannot socially distance, the law reads.
This story was originally published July 20, 2020 at 2:25 PM.
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