NASHVILLE, Tenn. (WKRN) — The District Attorney has chosen to retire the charge against a 61-year-old Black homeless man arrested Wednesday night after police said he repeatedly violated a Nashville health order requiring masks to be worn in public.

According to an arrest warrant, Metro police issued the man a citation just after 6:30 p.m. Wednesday on Broadway for not wearing a mask, violating Metro Code 2.36.190, which states “it is unlawful for any person to violate an order of the board of health or of the chief medical director.”

The warrant states the man was spotted again just before 8 p.m. in the same area, committing the same violation, so rather than issue a state citation, an officer arrested him “due to the obvious likelihood the offense would continue.”

The man was booked into the Metro jail around 9 p.m. on a charge of county board of health regulation violation. His bond was initially set at $500.

District Attorney Glenn Funk said Thursday afternoon the charge against the man would be retired, meaning the case will be continued and likely dismissed at a later date.

This was the first citation and arrest for a violation of Nashville’s mask mandate, which went into effect June 29.