Are maskless people breaking the law?

Lingering tensions over facial covering orders can escalate to criminal court

People who refuse to wear masks across South Florida may think they are protected by the law, but they are still facing trespassing charges and clashing with police. And it’s happening despite the governor’s order not to impose punishments on violators.

Vocal opponents have been handcuffed after incidents inside a bagel shop in West Boca and a county government building in Fort Lauderdale. A maskless woman was confronted by three cops at a Miami Beach playground who told her to leave, or else.

Law enforcement officials say such incidents continue to be few and far between, and arrests are a “last resort.” But criminal defense attorneys contend cops — perhaps uninformed

about medical and other exemptions to mask wearing — risk crossing the line and turning mask offenses into a crime.

As the coronavirus pandemic continues after nearly a year, these encounters serve as a warning to the public: Lingering tensions over local facial covering orders can escalate to criminal court, where a jail sentence is possible.

“There’s no law against not wearing a mask,” Christopher Nelson, a leader of the mask resistance in South Florida, told a Palm Beach County Sheriff ’s deputy during a protest last month. “But they have this little thing, it’s called trespassing and it’s kind of become this little catch all.”

Nelson, 38, is facing a misdemeanor trespass charge over a July 17 incident at the Broward governmental center. Police say he “caused a loud commotion” and disrupted a news conference where officials announced a temporary curfew and other restrictions to help battle the virus.

“There’s a constant pressure and threat from our government officials that we better wear a mask or else,” Nelson told the South Florida Sun Sentinel, adding his network hears far more complaints about Palm Beach County than Miami-Dade or Broward.

But Palm Beach County State Attorney Dave Aronberg said his office has only seen “very few such cases.”

Similarly, the Broward Sheriff ’s Office has not been experiencing incidents over masks that turn into criminal cases, said Sgt. Donald Prichard. “Deputies will continue to educate, warn and as a last resort will take enforcement action,” he said.

A deputy did note a mask violation on a Sept. 5 arrest report concerning an incident at Fort Lauderdale-Hollywood International Airport, records show.

Francita Ward, 48, was late for a Spirit Airlines flight to her home city of Detroit, and “was loud, not wearing a mask and screaming profanities” around families with small children, according to an arrest report. Spirit gave Ward a refund and she was escorted out.

But deputies said they were called in after Ward returned to the terminal and repeatedly yelled, “Take me to jail.” Her case remains pending and her next hearing before a judge is set for April 22.

In October, an unidentified woman made a smartphone video recording of her encounter with three officers at South Pointe Park in Miami Beach. They asked her to leave because she wasn’t wearing a mask.

“Are you going to arrest me if I don’t leave?” the woman said, in the video posted on YouTube. “What I’m telling you is, I’m not going to wear a mask on the playground.”

“That’s what’s required,” said an officer, who explained, “you’re being inconsiderate to everyone else.”

She responded, “That’s your opinion. That’s not selfish to most of the world right now.”

Meanwhile, an ongoing fight against Palm Beach County’s mask mandate could have implications for all of South Florida. A group of mask opponents just asked the Florida Supreme Court to review whether the requirements are legal; but the state’s high court declines most requests to intervene.

Last month, an appeals court upheld a trial court ruling for the mandate, with a finding that citizens do not have a “constitutional right to infect others” with COVID-19.

Only businesses, not individuals, can be hit with citations and fines for mask violations. Typically, only warnings have been issued for mask issues.

The latest example came Friday when a Hilton hotel in West Palm Beach got a warning from Palm Beach County for letting many people gather without masks during a news conference held by Gov. Ron DeSantis.

Code enforcement officers try to educate businesses about the requirements, officials say.

Yet that doesn’t mean people who choose to go mask-free have nothing to worry about.

Cory Strolla, a West Palm Beach criminal defense lawyer who represents anti-mask proponents, says the situation got muddled after DeSantis in late September halted civil penalties and fines for not wearing a mask.

“A business still can enforce a mask policy for public health reasons,” the attorney said. “That’s why when most people won’t comply with an officer’s lawful command once they are asked to leave the property, then it becomes a criminal trespass after warning.”

Depending on the case, it could be punishable by up to a year in jail.

Strolla says while private businesses have a right to enforce guidelines and call the cops, some of the confusion could be avoided if the businesses and the officers realize mask mandates allow people to claim religious and health reasons for keeping their faces uncovered.

One of the most heated and visible public conflicts between an anti-masker and law enforcement happened Jan. 14 at the Einstein Bros. Bagels in West Boca.

Cindy Falco DiCorrado, 62, of Boynton Beach, refused to wear a mask inside the store and wound up arguing with the manager and another customer.

“I’m standing my ground because I’m an American and I’m allowed to breathe,” said DiCorrado, on a video of the incident. “This mandate is not a law.”

Deputy Rodney Oragene arrived and asked her to “step out,” explaining that she can be arrested for trespassing for refusing.

“I’m not stepping out,” she said, “I have every right to be serviced.”

A second deputy assisted Oragene in physically removing her from the store, and handcuffing her outside.

“You cannot arrest me, I’ve done nothing illegal!” she screamed.

DiCorrado was taken to jail and booked on misdemeanor trespass and resisting arrest without violence charges.

Supporters, including Nelson, protested outside the lockup the next day and demanded to know why DiCorrado was told to wear a mask in conflict with her religious beliefs.

A sergeant explained to the group: “We don’t go into businesses to enforce mask-related issues.”

Teri Barbera, spokeswoman for Sheriff Ric Bradshaw, told the Sun Sentinel: “It’s not that these maskless individuals have encounters with deputies. Deputies respond to a dispatch call ... the business owner makes the request for the individual to leave on their own or be removed by law enforcement and we enforce their request which results in a trespass warning, or if they already have a trespass warning, then a trespass after warning arrest.”

DiCorrado, who could not be reached despite calls to her cellphone, is expected to appear Tuesday before a judge at a hearing over Zoom.

Four months earlier, she and other members of the group ReOpen South Florida, videotaped a stunt at a Fort Lauderdale Target for something called “Burn Your Mask Day.”

Protesters played the band Twisted Sister’s song “We’re not Gonna Take It” — without the artist’s permission — and pranced around without masks.

Broward County fined the Target for not enforcing its mask requirement, and it gave $100 citations to the protesters. Police did not make any arrests.

Nelson says the code enforcement fines are unjust, because of the governor’s order against such penalties. But he said that a hearing officer on Friday upheld the citation.