Sheriff's office has no plans to enforce mask ordinance at Louisville City FC games

A Jefferson County Sheriff's Office spokesman said the department has no plans to enforce the city's mask ordinance at Louisville City FC games.

Controversy erupted on social media Saturday after a sheriff's deputy told fans at a soccer match to remove their masks and scarves, which he said violated an ordinance prohibiting people from covering their faces in public.

Sheriff's office spokesman Carl Yates told Courier Journal the deputy, a former Louisville police officer, was working for a private security company contracted to work at the match.

Yates said it was the deputy's first time at a Louisville City FC match and that he did not understand how masks worn by fans are usually accepted until after speaking with club vice president Brad Estes.

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"This is not a sign of large-scale enforcement of the mask ordinance," Yates said. "This was an isolated situation with an isolated person and the deputy was working for the first time at that particular venue. ... No one should be concerned."

Yates said officers typically defer to the host institution or venue when deciding whether or not to enforce ordinances on the premises. If officials at Louisville City FC matches or other sporting events have no issue with the masks, the sheriff's office won't either, he said.

The mask ordinance stipulates that a person cannot appear in a public place in Jefferson County "while wearing any mask whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer." The law was approved by the old Jefferson County Fiscal Court in 1983 and was originally an effort to discourage activity by the local Klu Klux Klan.

Among the six exemptions listed are wearing masks while participating in Mardi Gras celebrations or for the purpose of safety while taking part in "sporting activity."

Louisville Slugger Field is owned by Metro Development Authority and is considered a public place, which the ordinance defines as a building, ground or infrastructure "dedicated to public use or owned or maintained by public authority."

Disobeying the ordinance is classified as a misdemeanor and punishable by a maximum fine of $100 or maximum 50 days in jail.

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No citations were issued at the soccer match. Yates said the sheriff's office typically only enforces and issues citations for the mask ordinance on Halloween when adults with obscured faces can use anonymity to engage in mischief and pose safety risks to the public.

"Like anything in law enforcement, this is all discretionary," Yates said. "Do you have to give a ticket every time someone is driving 3 miles per hour over the speed limit? Of course not, but you could. Officers use discretion in enforcing the law."

Councilwoman Barbara Sexton Smith, D-4th District, whose district includes Louisville Slugger Field, said in a text message to Courier Journal: "I fully support the extensive Lou City Fan Code of Conduct which includes a long description of acceptable and unacceptable behaviors as well as items you can and cannot bring onto the property. The Lou City Fan Code of Conduct clearly states: 'Masks (worn in your seat only, must be removed when leaving your section).' Our Lou City Fans are amazing and I appreciate them very much!"

Sexton Smith said Estes contacted her about the issue this weekend. She said Monday she isn't willing to say that the sheriff's deputy overreacted but that it appears the spirit of the law is being interpreted differently.

Pressed further on the ordinance in question, Sexton Smith said, "The ordinance should be reviewed to determine if amendments are necessary. The ordinance should be enforced until and unless it is amended through our legislative process."

Reporter Phillip M. Bailey contributed to this story. Danielle Lerner: 502-582-4042; dlerner@courierjournal.com; Twitter: @Danielle_Lerner. Support strong local journalism by subscribing today: www.courier-journal.com/daniellel.