Retailers juggle mask mandate, continuing operations

Karissa Kary: Farmers Market of the Ozarks hired a security team to enforce the order.

Brina Thomas: Customers will choose whether to comply with the mandate.

Kevin Dunaway: Businesses risk civil liability if the mask mandate isn't followed.

• 
• 
• 

As thousands of customers enter Bass Pro Shops each day on South Campbell Avenue, they’re greeted at the front door by an employee. That’s been a typical practice for the company for some time, but since last month, the national retailer has tasked its local greeters with a new responsibility: to ensure customers follow the city’s mask mandate.

“We have greeters at every entry point to remind customers they need to be wearing face coverings,” said Jack Wlezien, director of communications for Bass Pro. “We’ve been seeing strong compliance so far. Most of the customers we see have their face mask on or it’s in their back pocket when they come into the store, so we remind them to put it on.”

Local businesses still grappling with the coronavirus pandemic have had to take on a new role of enforcing face coverings to keep their doors open. And if the business owners aren’t compliant, they could face a fine of up to $100 or potentially have their business license or building permit revoked or suspended, according to the ordinance passed by Springfield City Council in July.

No citations had been issued by press time, said city spokesperson Cora Scott.

The mask mandate, which requires all people in public spaces to wear face coverings unless outdoors and remaining socially distanced, is in effect until Oct. 14 unless amended by council.

And if potential city penalties weren’t enough, local retailers also have to consider legal action from customers and employees if they were to get sick at the business, said attorney Kevin Dunaway of Neale & Newman LLP.

“If you violate any of the local rules or mandates or other directives from the (Centers for Disease Control and Prevention), you are potentially setting yourself up for civil liability,” said Dunaway, who specializes in business and commercial law. “Businesses could be exposed to a high-dollar damage claim.”

According to the CDC, businesses can take several steps to protect consumers, such as maintaining social distancing throughout stores, cleaning frequently, or removing or blocking typical gathering spaces.

Bass Pro Shops has adopted many of these suggestions, including adding hand sanitizer stations and clear, acrylic barriers between customers and employees, said Wlezien, declining to disclose the company’s investment.

The outdoor retailer also has single-use face masks on-site for those without one.

“Our hope is that we’re also providing some education around face coverings, as well,” said Wlezien. “We get a lot of out-of-town visitors who might be coming from an area without an ordinance.”

Though Missouri is not under a statewide order, mask mandates are becoming widespread across the country, with 34 states under a face covering order by press time, according to Springfield Business Journal research.

Keeping on
For many local retailers, the mask mandate has allowed business to continue.

At Farmers Market of the Ozarks Inc., Director Karissa Kary said that with up to 10,000 visitors each Saturday during the summer, FMO either would have to heavily limit occupancy or enforce the mandate even though the market is held outdoors, according to her conversations with local health officials.

The market, which acts as an incubator for up to 100 small businesses every week, has hired a security team to monitor customer compliance with the mask order, as well as additional staff to help run the market. She said this will cost $10,000 through the end of the year.

Kary said 40 patrons had to be escorted out on Aug. 22 from FMO because they refused to wear masks – either their own or a face covering provided to them.

“We have had to get additional security because there were people who are politically refusing to wear a mask,” she said. “We respect everyone, but we’re doing this because if the Health Department feels we aren’t being mindful, we would lose the income for up to 150 families in this region.”

Kary said most vendors support enforcing the mandate because of how many people they interact with each Saturday and because most of the farmers are older in age. FMO also offers “mask-free” shopping from 7:30-8:30 a.m. for those who have medical conditions that prevent them from wearing a mask or choose not to.

Some vendors have seen increased sales so far this year, said Kary, but overall gross sales for the market have dipped 10% from last year, declining to disclose revenue. In March, the market temporarily shifted to a drive-thru format to allow business to continue.

“For many, the market is their primary livelihood or sale point,” said Kary. “We have people across the board in age, and a lot of our staff and vendors want to show up to work and not feel like they’re being put at risk.”

Brina Thomas, co-owner of Five Pound Apparel LLC, said nearly all of the clothing retailer’s customers have abided by the mandate.

However, when customers don’t show up with masks, she or her employees will offer the patron a single-use mask and will make them aware of the city ordinance. If they still don’t want to wear a mask, she says she’s done her due diligence as a business owner.

“We can’t force a mask on someone’s face. By us following those steps, we’re complying with the ordinance, but whether the customer complies is up to them,” said Thomas. “If we refuse service, we’re potentially losing a sale, which hurts our business.”

Last month, City Manager Jason Gage said during a council lunch that business owners are responsible for communicating the mandate. If a patron doesn’t follow the rule, an owner has three options: refuse service, call the city or ignore it.

Thomas said she’s chosen to ignore the customer if they’re not willing to comply, adding she doesn’t want her staff to be verbally or physically attacked by an upset customer.

So far, sales are down 8% year over year for Five Pound Apparel because the retailer had to rely on online sales during the stay-at-home orders. She said she’s seen no impact to sales since the masking ordinance went into effect, declining to disclose revenue.

Legal concerns
Potential legal action is often a concern that’s back of mind for business owners, but Dunaway says the pandemic has heightened those worries. He said he’s heard from over 100 business owners in the last few months who were looking for guidance on operating during the pandemic.

Dunaway said retailers and restaurant owners should be aware of potential liability claims that could come if a customer can trace contracting COVID-19 back to their business. This includes lost wages while sick, medical expenses or permanent organ damage from the disease. By press time, Dunaway said he hadn’t heard of any cases brought against local or state companies.

Nationwide, employees have been attacked by angry customers who refuse to wear face masks – an opportunity for a workers’ compensation claim, said Dunaway, who suggested employers train their staff on how to prepare for these interactions.

This month, a hostess at a Chili’s in Louisiana had her hair pulled out and was beaten with a wet-floor sign by customers angry by the restaurant’s coronavirus-related guidelines, according to Business Insider.

At Bass Pro Shops, Wlezien said the company formed a safety and security team earlier in the year to track the pandemic and how all of the 169 stores would respond. Most Bass Pro Shops stores are located in cities or states with a mask mandate, he said. The stores that aren’t vary with their approach to masking, but all employees are required to wear face coverings.

Wlezien said the national retailer had no issues of employee safety by press time and isn’t concerned by potential lawsuits or claims.

“At this point, our focus has been on complying with the laws and guidance from public health officials,” said Wlezien. “Our north star has been that if we’re doing the right thing based on what the experts are telling us, then that’s going to take us where we need to be from a health and safety perspective.”