Mobile won’t be imposing a strict 10% crowd limit at big-box retailers and grocery stores as the number of coronavirus cases in the county continues to climb.

Mobile Mayor Sandy Stimpson, in a Facebook Live video feed from his office, said the stores would be conducting head counts to ensure they’re following the capacity rules. Currently, Mobile doesn’t allow more than 20% of a store’s capacity inside at one time. For instance, if a store has a capacity of 500, no more than 100 can be inside.

“My hope is that they will do what they’re supposed to do, that you will do what you’re supposed to do, and we’ll move on down the road,” Stimpson said.

He said, “We’ve heard from a lot of you, heard the pros and cons of it.”

Stimpson said, “Please don’t let your guard down now. Now is not the time. This is the peak we expect to see.”

Indeed, Mobile has seen a surge in cases in recent days and is leading the state in the number of confirmed COVID-19 deaths. As of Tuesday afternoon, Mobile County had 12 confirmed deaths and 17 reported deaths related to coronavirus. Jefferson County, by comparison, was at 10 confirmed deaths.

The virus is hitting Mobile’s black community the hardest. According to statistics from the Mobile County Health Department, of the 52 people hospitalized with COVID-19 on Tuesday, 37 are black and 15 are white. Of the county’s 495 confirmed cases, 203 or 41% are black, while 146 or around 30% are white.

Among the 12 who have died, 8 were black.

The rising death toll and increased attention on preserving social distancing requirements while Mobile has approached a peak led to Stimpson, on Monday, to contemplate whether a strict 10% capacity limit should be issued at big-box retail stores. Under that scenario, a store with a capacity of 500 would be restricted to only 50 people inside at one time.

The proposal faced some pushback from elected officials including Mobile County Commissioner Jerry Carl, who wrote on Facebook that he was not supportive of any plan that further limits anyone’s access into a business in Mobile County.

“I understand we need to be personally responsible during this pandemic,” said Carl. “However, in my opinion, this crosses the line of infringing on our Constitutional rights. We cannot keep pushing this idea of limiting people’s civil liberties at the expense of our Constitutional rights.”

During the Mobile City Council meeting on Tuesday, council members disputed how the local economy should be reopened.

Mobile City Councilman Fred Richardson, who represents a council district that is 76% black, said criteria need to be established before reopening the economy. He said “we need to leave the economy alone” and “stay in our house” while the number of cases continue to rise.

“As long as the line goes up, we need to let it alone,” said Richardson. “It needs (to be a decision) to make when the curve comes down. And that should be done not by the politicians … (but) by the Health Department.”

Mobile City Councilman John Williams disagreed, and said that a decision on reducing the social distancing requirements needs to be made by “the ones who are elected to make decisions for the people we represent.”

Said Williams, “We do so on good sound evidence. If we wait around on health officers to tell us when to go back to work, it will be a long tie and I’m not sure they understand the economy. We should listen to the people who understand the economy, the people who understand the health risks and make those decisions based on the acceptable risks of our folks.”

Mobile City Council President Levon Manzie, who represents downtown Mobile and surrounding neighborhoods, said the disagreements on the council represent a delicate balance city officials are weighing ahead of April 30, when Alabama’s “stay at home order” ends.

“While I’m anxious to get the engine roaring again, I want to get it roaring when it can be roared safely and the people who come and engage with those businesses can do so safely,” said Manzie. “I think there is a balance that has to be struck.”