Emotions flare over mask mandate

SEELEY LAKE – The Filling Station sign on Highway 83 "The days of zombie apocalypse" has been a source of entertainment for nearly 200 days of the coronavirus pandemic. While they updated the sign daily before they reopened May 26, the owners and staff are struggling to maintain their sense of humor.

"Even the nicest people have their limits," read the sign on day 176.

With all the state and county COVID-19 requirements, The Filling Station is doing their best to follow the rules and serve their customers so they can keep their doors open. However, some customers are making this difficult.

"I want to be pleasant to my customers but they are going to have to be pleasant to me to make that happen," said Manager Jane Collins. "I can deal with people that are unpleasant but in this situation I can't. I'm done, I'm over it."

"You don't have to understand [COVID]. You don't have to believe it in, you just have to wear a mask and sit down," added Kris Martin, owner of The Filling Station. "I understand that you think it is bogus. I totally get it. But I don't have the luxury to accommodate them. I have to abide by the rules or I could possibly be shut down."

Filling Station employees are not the only ones tired of enforcing the mask mandates. While customer compliance would be helpful, Susan Monahan, clerk at Clearwater Stop-N-Go, feels Missoula County is the one putting employees in a position of conflict. It is causing her enough stress and anxiety that she is considering resigning her position.

"If the [Missoula City-County Health Department] wants 100% compliance they need to be out there, standing at the door," said Monahan. "They shouldn't put [enforcement] on the backs of minimum wage workers."

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On July 9, Missoula City-County Board of Health voted unanimously to require face masks in every indoor public space for those 12-years-old and up. The Governor added to the mandate July 15 requiring the use of face coverings in indoor, public spaces for those five-years-old and up. The caveat is the requirement only applies to counties with four or more active cases. Since the coronavirus pandemic hit Montana, Missoula County has been in the top five counties for active cases.

Missoula City-County Health Department Environmental Health Director Shannon Therriault said the Health Department's goal is to increase compliance with measures that reduce the spread of COVID-19.  If the Health Department receives complaints by employees or patrons who feel unsafe in an establishment because cloth face coverings are not being worn, the first step is education. The Health Department also does spot checks in businesses to evaluate how they are implementing the requirements and to see if they have questions.  

Therriault said in most cases those conversations result in a common understanding of the importance of cloth face coverings and a willingness to adhere to the state and local directives. If complaints continue, the county attorney and Health Officer will direct the next steps. They can issue an order to comply, ask a judge to enforce the order to comply or ask for a temporary restraining order to compel that a business comply.  

Therriault highlighted three places in Montana Code Annotated through which compliance can be enforced:

• 50-2-118: Requires inspections for conditions of public heath importance and issue written orders for compliance or correction.  It also provides authority for the Health Officer to limit contact between people in order to protect the public from imminent threats, including ordering the closure of buildings and facilities and canceling events.  

"This authority is well established and not uncommon state or nationwide," wrote Therriault in an email. "For example, if a restaurant is not complying with the health code, and is cooking food that is unsafe for humans to eat, then this authority allows us to close the establishment to prevent the spread of food-borne illness."

• 50-2-123: The health officer can seek a compliance order from the court.

• 50-2-124: Allows for penalties (not less than $10 or more than $500) for each day of violation.

Therriault noted no fines can be assessed for failure to comply with the state or local cloth face covering directives without a judge first finding an establishment in violation, and subsequently ordering the fine or payments. She added the conditions associated with closing a business for non-compliance would vary depending on the specifics of the case.  If a closure involved a court case those court proceedings and documents would be public.

"So far, we have received cooperation and not had to go beyond a health officer order," wrote Therriault in an email. "We are thrilled that Missoula County is 'masking up' so we can spend our time and resources on reducing and mitigating the spread of COVID-19 as opposed to court proceedings."

Governor Steve Bullock in a press conference Sept. 22 said he was not going to encourage the issuing of fines.

"The point is this shouldn't be about fines, even if that is what the White House is encouraging. This should be about Montanans taking care of one another. We all need to making sure we are taking these steps to keep our businesses open, to keep our school's open and to keep our population safe and healthy. We will continue to encourage people to do what we know works."

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At a staff meeting April 26, Martin and The Filling Station employees wrestled with how to reopen with all the requirements placed on them for Phase 1. She identified the challenges of dealing with customers who may not understand the new rules.

"Customers don't like to be told what to do," said Martin. "For the most part customers need to be responsible for themselves. They need to understand the seriousness of it."

When the restaurant finally opened May 26, Martin's statement proved to be prophetic. Instead of getting easier with time, enforcing the mask mandate has gotten more challenging. While she can't put her finger on why, Martin attributes it to the stress people are under, the conflicting information regarding the health impacts of COVID-19, lack of consistency enforcing the mask mandate at other businesses and the political climate.

Collins estimates 80% of their customers this summer were visitors. While Martin is angered when visitors from out-of-state come in and don't take precautions to protect her staff and refuse to follow the posted rules, she is hurt most by the locals who want to stand up for freedom in her business.

"When did they go to the Health Department? When did they go to the Governor's mansion and yell in his face?" said Martin. "No they just come and yell in my face."

"If you want to make a point, take it somewhere else," added Collins.

Martin said, regardless of personal views or the lack of understanding the mandate, she is required to comply based on the health risks presented by the virus.

"They took away my rights, for running my business, for the better good of everyone, because this is so important. Do I believe that? It does not matter," said Martin. "If no one would come into this business unless we wore masks, we would wear masks without being told to wear masks. I would rather be able to choose to what the majority wants."

Monahan agrees with the giving people free will. She thinks most people will choose to wear a mask once they learn about the importance of it. She was not happy that she had to wear a mask when the recommendations first came out. However, she realizes now how many people she comes in contact with and some are not staying home when they are sick.

"I'm more than willing, myself, to wear a mask. I really feel unwilling to continue as the mask police for Missoula County," said Monahan. "I'm paid very well, but I'm not paid enough to be the mask police for Missoula County and deal with the hostility. It's causing me stress and anxiety in a job that should be fun."

While compliance has increased and significantly less people are confrontational since the face covering mandate first came out, Monahan still estimated up to five percent of the customers are hostile.

"You never know which way it is going to go [when someone comes in without a mask] until they wave the mask at you and then you go oh phew, he's got a mask," said Monahan. "The people that don't want to wear a mask and are choosing to fight it really, really hard are becoming more hostile as time goes on."

Filling Station Waitress and Casino Host Lauren Bemrose has seen a similar pattern. When she first returned to work in May, it was easy and she was grateful to be back to work. However, customers continue to get more vocal against the distancing and face covering requirements. It is a constant battle reminding customers about the rules. While she tries to be nice, that can be challenging at times. Some customers choose to leave, while others continue to push the issue.

This affects everyone's pocket book. Martin has had to keep one extra person on through the mask mandate to watch people and clean. Bemrose said tips are split between those working. Martin said she can't pay her employees enough to deal with the nasty responses from customers that refuse to wear a mask, push their agenda, hurl insults, swear at the workers and say they are violating their rights.

Bemrose said it is important for people to follow the rules because it keeps everyone safe and then those working can just do their job instead of confronting customers.

"Just listen to the rules because this is how we live, this is how we survive," said Bemrose. "I'm trying to save up as much as I can this summer so I can survive the winter. If I want to keep my job I need to enforce the rules. We are all just trying to keep our boss open."

Monahan agrees. While Clearwater Stop-N-Go could look the other way and not enforce the rules, like some convenience stores have chosen to do, they can't afford to pay fines or risk being closed.

"That is what is unfair. People are mad at us and all we are trying to do is stay in business. We want to stay open," said Monahan who added that they provide an essential service that people depend on when traveling through the state.

Another issue Monahan said is a constant fight with those customers who claim they have a medical condition that inhibits them from wearing a mask inside the store. She reminds them that Missoula County requires a mask in indoor, public places. She also knows no one can see a doctor without wearing a mask.

"The medical condition thing doesn't fly because doctors don't care if you are severely asthmatic. They are going to make you wear a mask," said Monahan.

She said they are happy to accommodate those who have a medical condition by meeting them outside. From her perspective, those who truly have a medical condition, wait for assistance outside. Those that are simply using it as an excuse are the ones that throw a fit and leave.

Both Clearwater Stop-N-Go and The Filling Station have received negative reviews online because they are enforcing face coverings. Monahan said when people come in and are hostile, people leave without purchasing anything because they feel threatened. Her only recourse is to call law enforcement to report someone trespassing. Because of the location at Clearwater Junction, it takes at least 15 minutes and sometimes more than an hour for them to arrive. Monahan understands that someone refusing to wear a mask is not a high priority when law enforcement is busy.

"Even though I feel like it is a small percentage of business that is walking away, I don't think it is fair to ask a business owner to lose any percent of business because [Missoula County] wants to try and force people to wear a mask," said Monahan.

While Martin has no way to quantify how that has affected her business she just asks if people don't want to wear a mask, don't come in – call for take out or don't come at all.

"Maybe we will have less people but we will still be open for those who do want to follow the rules," said Martin. "Just a little bit of help from their side would make it a lot better."