- January 31, 2025
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Because Gov. Ron DeSantis has moved Florida into the third phase of reopening, Volusia County's COVID-19 safety plan requirement for issuing itinerant vending permits for Biketoberfest can no longer be enforced, according to the county's attorney.
An emergency ordinance was to be presented to the County Council at its meeting on Tuesday, Sept. 29, and it would have made permit applicants follow COVID-19 precautions such as the requirement of masks for employees, increased sanitization for frequently-touched surfaces and requiring vendors space 6 feet apart, or risk losing the ability to be granted another county permit for one year. County Attorney Mike Dyer said that because the governor's order prohibits local COVID-19 emergency ordinances from preventing an individual from working or operating a business, and takes away the enforcement of COVID-19-related fines or penalties, the county could not mandate applicants to adhere to the safety plan.
“My concern after reading the governor’s order since this agenda item has been published is that from a legal standpoint, I believe that we would be subject to challenge if we were to enact this," he said.
County Manager George Recktenwald said he believes it's in the vendor's best interests to operate "in a professional manner" regardless of the safety plan requirement because if people stop following the recommendations set by the Centers for Disease Control and Prevention, Florida's coronavirus numbers could climb again and prevent larger events, such as Bike Week, to occur next year.
“I have optimism that people want to do the right thing and we’ll be able to continue these methods that have made a difference," Recktenwald said.
On Tuesday, Sept. 29, the state of Florida has reported 3,259 new cases of COVID-19, for a total of 704,568 cases since March. A total of 14,143 people have died in the state. In Volusia County, 10,828 cases have been reported; 67 new ones were reported on Tuesday, and 244 people have died.
County Council Chair Ed Kelley said there's not much that can be done other than continuing to encourage the county's Step Up Volusia message to "Wash Up. Back Up. Mask Up."
The city of Ormond Beach continues its plan to issue permits for Biketoberfest with safety plans in place.
"As part of the permit process with the city of Ormond Beach, the special event hosts offered to submit additional information demonstrating how they would plan for guest and staff safety during Biketoberfest," said Planning Director Steven Spraker in a statement. "The city continues to work closely with all special event hosts and would expect that that they will proceed as planned."
