Mask enforcement left to stores
Two things could jeopardize New York’s recent relative success in fighting the coronavirus pandemic, Gov. Andrew M. Cuomo said during a news conference earlier this week — out-of-state travelers bringing the virus into the Empire State, and noncompliant New Yorkers ignoring public health mandates, including mask wearing and physical distancing.
Cuomo announced a potential solution for the first issue: mandatory screenings at airports throughout the state, with the possibility of a $2,000 fine for anybody coming from a high-infection state who fails to report where they intend to travel in New York.
Enforcement of the second is
sue, however, often falls to front-line retail workers who already put their health at risk just by showing up to work every day — and who, in many cases, are no longer paid extra for assuming that risk.
“Retailers did not get into the business to be face mask police. We got into the business to sell things. That’s what you do when you’re a merchant — you sell stuff,” said Ted Potrikus, president of the Retail Council of New York State. “But when the pandemic began, for those businesses that were allowed to stay open as essential, they had to figure out how to transition immediately from sellers to stewards of public health. All of those things came on so fast that it does turn the operation of a retail store rather quickly and rather dramatically.”
That transition has sometimes played out in violent ways. Store employees in New York and across the country have been spat on, attacked and threatened for asking customers to follow mask guidelines.
Dr. Robert Redfield, the director of the Centers for Disease Control and Prevention, said Tuesday the virus could be brought under control in four to eight weeks if everybody wore a mask. Last week, the state’s Department of Health issued an order requiring businesses to refuse service to customers who won’t wear a mask, while providing exceptions under the Americans with Disabilities Act.
In June, Stewart’s Shops president Gary Dake said some “violent reactions” made him hesitant to require employees to enforce the mask standards. After the health department’s order, Stewart’s required its employees to enforce it.
“If everyone simply complied with the mask regulation, there would be no additional stress to our partners,” a Stewart’s spokesman said. “Unfortunately, we have some customers that refuse to wear a mask. This places additional and unnecessary stress on our partners. There have been numerous calls to local law enforcement due to escalated exchanges sometimes becoming physical between customers and between customers and partners over masks.”
The Times Union reached out to the state health department, asking how many local businesses had been reported for noncompliance with mask and distancing guidelines, what the protocol is if a complaint is made and whether the state has taken any action against local businesses for failure to comply. The health department referred the questions to the Empire State Development Corp., the state agency responsible for determining when and how businesses can operate
While individuals could be issued fines for noncompliance, the intent is for businesses to enforce compliance on their premises.” Department of Health spokesman
during the pandemic.
ESD referred the inquiry to the governor’s office. A spokesman for the governor acknowledged the inquiry, but did not provide a response. Hours later, the state health department told the Times Union that enforcement is primarily at the local level.
“While individuals could be issued fines for noncompliance, the intent of the regulation is for businesses to enforce compliance on their premises,” the DOH spokesman said.
Albany County Executive Dan Mccoy said lax enforcement by big-box stores like Walmart has been a recurring point of concern. Two Walmarts — one in Glenmont, one in Crossgates Commons — represent the bulk of mask complaints received by the county.
“The county Department of Health does have the ability to fine businesses for violating state guidelines on social distancing and mask wearing, however those fines could easily be absorbed by large corporations like Walmart and the issue of wearing a mask properly and social distancing may still continue,” said Mary Rozak, a spokeswoman for Mccoy. “The state has made it clear it is largely leaving enforcing these guidelines to local law enforcement, and we are in communication with the county sheriff’s office.”
Rozak said the county executive’s office believes that businesses bear some of the responsibility for enforcement, “but we’ve also seen how this can create dangerous situations.”
Walmart announced it will be requiring shoppers at all stores to wear masks starting next week, and adding health and safety ambassadors to reinforce the mandate. In Albany, the chain is taking steps to hire third-party security officers to help with enforcement.
“Our COVID-19 protocols have continued to adapt during the pandemic in response to evolving research and mandates spanning the country,” a Walmart spokesman said. “Additional safety changes took effect July 9 to expand our efforts in reminding customers of the importance and necessity of wearing face coverings in our stores.”
Retail workers are told that the customer is always right, Potrikus said. Training employees to go against that adage will take time.
“Even though the adage is ‘the customer is always right,’ adages, you can poke holes in them,” Potrikus said. “The customer is not always right, and when a customer goes into a store in 2020, and adamantly refuses to wear a mask, the customer is not right.”