At a time when cities throughout Alabama are implementing new curfews, the state’s fastest growing city may have become the first one to vote one down.

In Fairhope, city council members voted Tuesday against a curfew ordinance that mirrored what is in place in Mobile and other cities. Those curfews prohibit people from being outside their homes from 10 p.m. to 5 a.m., if they do not have identification that suggests they work in an “essential” job.

Restricting personal freedoms

The council’s vote was 4-1. Council President Jack Burrell and Councilmen Jay Robinson, Kevin Boone and Robert Brown voted against the curfew. Voting in favor was Councilman Jimmy Conyers.

Burrell said that a curfew adds “another layer” of laws on top of Alabama Gov. Kay Ivey’s “stay at home" order that began on Saturday.

Burrell said he felt the governor’s order was “so watered down” that he wasn’t sure whether a curfew would “have a lot of teeth to it.” In Mobile, violations to Mobile Mayor Sandy Stimpson’s curfew carries a fine of between $100 for a first offense, $200 for subsequent offenses.

“We are adding layers of laws,” said Burrell. “Maybe it will do good, maybe it won’t. In this case, when issuing curfews, I don’t know. I have real concerns about it.”

The other councilmen said they were concerned about police officer exposure to COVID-19.

Some of the council members cited recent blood serum tests that were administered to Mobile police officers and firefighters in the past week. Of the 900 first responders tested, 37 came back with positive tests for having coronavirus antibodies in their systems, or about 4%. Of those, only three have officially tested positive for COVID-19 through the nasal swab test, which is less than 1%.

But despite the low percentages, Fairhope officials were worried that police could expose themselves to COVID-19 by pulling over vehicles during the curfew hours.

“(Police officers) have to talk to and be around everyone and anyone they have to stop,” said Councilman Kevin Boone. “It could be a real big problem.”

Said Councilman Jay Robinson, “It really creates more of a burden for police than having no curfew creates.”

Councilman Robert Brown, on a Facebook page called “Robert Brown For Our Hometown,” said he was against any “further restrictions on personal freedoms” during the pandemic.

He also said that the federal government, before issuing more federal legislation to support the economy, should lift the closure on businesses and allow them to open back up “with the safe practices that were in place a month ago.”

‘Stay home’

Fairhope Mayor Karin Wilson speaks during a council meeting on Monday, June 24, 2019. Wilson supports a curfew by saying it's a "proactive" measure in stopping the spread of coronavirus. (John Sharp/jsharp@al.com).

Conyers and Fairhope Mayor Karin Wilson favored the curfew and said they believed it was necessary to be proactive toward helping to reduce the number of new coronavirus cases. Alabama, as of Tuesday afternoon, had 2,290 confirmed cases of COVID-19 and 48 confirmed deaths as a result of the virus.

Baldwin County, which is Alabama’s fastest growing county and its sixth-largest county, has 44 confirmed coronavirus cases and one reported death. The state’s data doesn’t break down the number of county cases by city.

“The name of the game is the more aggressive we can be to keep people at home, the quicker we can get this behind us,” said Conyers. “People need to stay home.”

Wilson, in a Facebook post, said that there have been groups of youths under the age of 18 congregating at businesses around Fairhope and that some were warned to stay off rooftops in the largely vacated downtown area.

Fairhope, a scenic bayfront city in Baldwin County that has seen explosive 40% growth since 2010, has been hit hard economically during the pandemic. The city’s downtown is filled with small shops and restaurants that have been largely shuttered since strict social distancing requirements were instituted last month.

A look down an empty Fairhope Avenue on Sunday, March 29, 2020. The coronavirus crisis has led to a widespread economic crisis throughout the U.S. and closures of boutique and specialty shops that make Fairhope an attractive place for visitors. (John Sharp/jsharp@al.com).

“My hope would be that a curfew would decrease this and make some parents more accountable,” Wilson said.

Wilson and Fairhope Police Chief Stephanie Hollinghead said they were unsure if a curfew would be effective. But Wilson said that a curfew isn’t aimed at removing people’s personal liberties as Brown had suggested.

“In Alabama, every day, another city is instituting a curfew similar to the one Mobile did,” Wilson said, citing a host of cities that have issued one including communities much smaller in size such as Georgiana, Dadeville, and Geneva City.

Wilson said she is waiting to see if a more unified effort is undertaken in Baldwin County which could lead to cities and the county commission adopting a uniformed curfew. All of Montgomery County, for instance, is under a curfew. Fairhope council members could also reconsider the curfew at a future meeting. The council is expected to next meet on Monday.