Fall 2020 - 86

LEGAL CORNER
Mask Up: ENFORCEABILITY
OF MASKS IN RETAIL STORES
BY ANGIE AVARD TURNER, J.D., LL.M.
Contributing Writer
W
ith the outbreak of COVID-19, the gift and
retail industry has been thrust into a sort
of twilight zone of operation. The everdelicate
balance of wanting to be open to customers and
wanting to protect everyone. It really is an impossible
predicament. The rules are being written in real time.
The last time there was anything that happened like this
in the U.S. was in the early twentieth century. So much
has changed over 100 years.
So how can retailers navigate the mask issue? Keep in
mind, when asking customers, or even employees for
that matter, to wear masks, the business owner is asking
for a behavior change. Often, behavior changes happen
over a period of time, not in a split-second instance. So,
by pivoting to masks everywhere on everyone is not
a gradual shift. Although there is no one rule, here are
some guidelines that may help the retailer navigate best
practices for their employees and customers. Above all
else, as a business owner, maintaining quality goods,
exceptional service, and a kind response will win the day!
1. EXAMINE WHAT YOUR STATE RULES ARE
As of the writing of this article, there are 34 states and
the District of Columbia that have a state mask mandate.
That is important to know. While many states may be
handling the mask mandate in the same way or similarly,
the burden is on you as the business owner in that state to
find out what the mandate states, what is required, who
it applies to, who is exempt, or is there any power that
is granted further to the local governments. Your state's
86 FALL 2020
government homepage should have the latest COVID-19
news. Most likely the most up to date information will be
posted there.
2. EXAMINE WHAT YOUR LOCAL RULES ARE
Likewise, there may also, in addition to a state's
mandate, be local mandates. This may be governed by
the municipality/city or the county. It really depends on
how your local government is organized. It is important to
review these mandates in light of any state mandates that
exist to get the full context of what is required.
3. PROVIDE DISPOSABLE MASKS AT THE FRONT DOOR
If a business owner is requiring patrons to wear masks, it
is prudent to provide disposable masks. There are times
when one forgets or may misplace their own mask. By
providing disposable masks, the business owner cuts
out the possibility of the customer's absentmindedness.
Additionally, it is more difficult to deny wearing a mask
when the store the customer is entering is offering them a
free disposable mask.
4. HAVE AN EMPLOYEE GREET THE CUSTOMER
Some may disagree with this suggestion, however, it is
more difficult for someone to refuse to wear a mask when
someone is there at the door to greet them in a friendly
way with a disposable mask and sanitizer. Many of the
" big box " stores handle masking this way. Also, major
amusement entertainment venues, which have retail
stores on their grounds, have employees whose sole job it
Fall 2020

Table of Contents for the Digital Edition of Fall 2020
