Cities issue few citations over mask mandates

No one in the Phoenix area’s 12 largest cities has been cited for disregarding local or countywide mask mandates that have been in place for six months to curb the spread of COVID-19, police data shows.

Tucson and Flagstaff have not issued any citations for disregarding mask orders, either.

“This is a health pandemic. … We’re not dealing with a criminal problem. Our hope is that by leading with education we can all come together and get through this together.” Sgt. Ann Justus Phoenix Police Department spokesperson

Only a handful of metro Phoenix cities have cited businesses for staying open during spring and summer closures or for not following reopening guidelines laid out in the governor’s executive orders.

Phoenix area police and the Maricopa County Sheriff’s Office cited or referred fewer than 75 businesses out of more than 3,500 complaints, according to an Arizona Republic investigation.

Scottsdale has cited the most businesses, followed by Tempe and Phoenix.

Avondale, Buckeye, Glendale, Goodyear, Peoria and Surprise have not cited any person or business related to pandemic orders.

Maricopa County has cited a few businesses, while the state health department issued closure notices to a dozen businesses for violating reopening guidelines.

The Arizona Division of Occupational Safety and Health has received more than 400 complaints related to workplace safety in the pandemic, but has not cited any employers.

Meanwhile, Arizona has among the highest rates of COVID-19 cases in the country and some overwhelmed Phoenix area hospitals have begun closing to emergency transports.

Health experts and some city leaders have called on Gov. Doug Ducey to limit gatherings, ban indoor dining and require masks statewide. But Ducey has held firm that the focus should be on enforcement, not more rules.

He called on local governments to enforce the measures already in place.

“There are steps in place and if many of these leaders that are reaching out and asking for additional actions would actually enforce and have accountability around the steps that are already there we can further reduce the spread of this and save lives,” Ducey said in December.

Phoenix Mayor Kate Gallego said enforcing the mask mandate is difficult, but the city is committed to education and enforcement of COVID-19 rules when necessary.

For their part, Valley police departments asked to respond to the data said their focus was on education, not enforcement, and they had no plans to change their approach.

That approach leaves individual businesses largely responsible for compliance with public health mandates.

Thousands of complaints, far fewer citations

Eleven of the Valley’s largest cities reported receiving, from March 11 to early December, roughly 3,245 calls for service or complaints about individuals or businesses not following public health protocols.

The most common complaints were about businesses that remained open during the spring stay-athome order and summer closures or not adhering to reopening guidelines. Other complaints related to crowded businesses and large gatherings at homes and businesses, according to police data.

Police handled most complaints with a phone call to remind business owners about the rules. Few led to more than a warning, city and police officials reported.

Three cities have issued 20 citations. Some citations are working through city courts, while others were dismissed.

Police referred about 25 additional cases to city prosecutors to determine if charges were warranted, or to the Maricopa County Justice Court for prosecution.

City and police officials forwarded another 24 complaints to the state liquor department or to state health department investigators.

Scottsdale has provided the most enforcement, with 10 citations, 14 referrals and an additional 65 departmental reports that could lead to filing charges at a later time, according to data provided by the city.

Tempe issued six citations to businesses that remained opened when they shouldn’t have and forwarded 22 reports to the liquor department or the Arizona Department of Health Services, according to the city.

Phoenix officers issued four citations to businesses that stayed open during closures, police said. Chandler forwarded 12 violations to the city prosecutor for review and prosecutors are moving forward with charges in four of the cases, and one report to the state liquor department, according to the city.

Avondale, Buckeye, Glendale, Goodyear, Peoria and Surprise have cited no person or business and have not forwarded any complaints for further investigation or prosecution.

Mesa police said the department has not tracked the number of complaints or education contacts, although a spokesperson said the department has responded to “many” calls related to pandemic protocols.

In addition to complaints reported to cities, the Maricopa County Sheriff’s Office received 352 complaints for emergency order violations, 29 reports were taken and one citation was issued. Sheriff’s deputies have not issued any citations for failure to use a mask.

Maricopa County Environmental Services, which oversees restaurant inspections, has received 152 complaints about restaurants violating pandemic rules. Four were referred to the state health department and two citations were issued.

Outside the Valley, Tucson police issued 73 warnings for violations of the city’s 10 p.m. nightly curfew but did not issue any citations for curfew or mask violations.

Pima County officials have been responding to business-related calls, but data on citations was not immediately available.

Flagstaff police reported 48 calls for service related to mask usage, but issued no citations.

Police stress education

Law enforcement officials say individuals and businesses usually complied once they made contact and educated them on the rules. They said few situations warranted further action unless it was a repeat offender or a blatant disregard of the mandates.

Local officials said the objective is to continue education efforts, despite rising cases.

The Phoenix Police Department, which has received about 950 calls for service related to the governor’s executive orders on business operations and reopening guidelines, does not plan to change its approach when responding to complaints, said Sgt. Ann Justus, a department spokesperson.

Justus said the department’s goal is “to keep people safe and keep people healthy,” but citations can cause an undue financial burden on people and businesses that already may be struggling in the pandemic. Citations aren’t always effective in getting people on board either, she said.

“This is a health pandemic. … We’re not dealing with a criminal problem,” she said. “Our hope is that by leading with education we can all come together and get through this together.”

Though Scottsdale has cited more businesses than other cities, the Police Department’s priority is education first, police spokesperson Sgt. Ben Hoster said.

He also noted the financial hit of a citation on those already struggling, and said officers have seen high rates of compliance with the rules.

Some businesses have raised concerns that government has overreached and that the protocols infringe on their rights. That should be left up to the courts, not police, to decide, Hoster said.

“It’s difficult. Yes, we’re in the middle of a pandemic and we want everyone to be safe, but there are other concerns that businesses have brought up,” he said.

Businesses left to enforce mask mandates

Most often, the issue of mask-wearing can place store clerks and managers in tough spots as they try to enforce the mandate.

Pam Giannonatti, a spokesperson for Fry’s Food Stores, which operates 123 groceries in Arizona, said when customers come in without a mask, employees ask the customers if they have one or if they can provide them one, and educate them about the local mask mandate.

If they refuse to wear a mask, for personal or health reasons, employees can ask the customers if they would like to order online and pick up their groceries curbside or have them delivered.

Such conversations can be uncomfortable, but Giannonatti said managers are trained in how to deescalate situations and customers typically comply without incident.

Other stores have been less flexible with their policies.

At Bookmans Entertainment Exchange, which has two Valley bookstores, a greeter meets customers at the door to ensure they are wearing masks, or provides one. Curbside pickup is available for anyone unwilling or unable to wear a mask, with no exceptions.

Sean Feeney, president of Bookmans, estimates 1% of customers don’t comply, and though they represent a small number, those incidents can escalate. A customer spit at a door greeter on one occasion. Feeney sometimes has off-duty police officers provide security.

“It has been difficult for our staff,” he said.

Still, he said employees are willing to engage in these difficult conversations because they understand it’s key to keeping everyone safe.

“They’ve bought into the idea that their job, in this reality that we’re in, is that we all have an obligation to do our part to keep each other safe,” Feeney said

The company, which required masks even before the local mandates, has faced three civil rights complaints — one filed in Flagstaff and two filed with the Arizona Attorney General’s Office. One complaint alleged the mask policy infringed on religious liberty and another alleged it violated the Americans With Disabilities Act. None of the complaints has gone anywhere, Feeney said.

Cindy Dach, co-owner of Changing Hands Bookstore, said businesses have a responsibility to create a safe environment for employees and customers.

The bookstore’s two locations require masks. Customers come into the store because they feel safe and they want to support businesses that are taking precautions, Dach said.

She said customers who wear their mask improperly or take it off once inside the store or who refuse to wear a mask are outliers, but they can create anxiety for employees. She said staffers have been met with aggression and hateful language on a few occasions. The store put together scripts to help them talk to customers about mask use.

If customers refuse to comply, employees will ask them to leave, telling them they have the option of shopping online or by phone.

Dach has a simple message for people who don’t want to wear a mask: Don’t shop at businesses that require one.

“I don’t care if you believe or not in masks. I’m just trying to create a safe space,” she said. “If you don’t want to wear a mask, don’t come to the store then; you have choices.”

Police struggle to enforce mask use

Businesses have little recourse if customers refuse to wear a mask.

Police suggest employees call officers instead of engaging with customers who become aggressive. Businesses can file a complaint with officers, who then can cite people for trespassing or disorderly conduct and remove them from the store, police said, but it appears businesses rarely take that route.

Justus, with the Phoenix police, said it can be difficult for officers to act when it comes to mask violations. Often, the people have left the business by the time officers arrive. When they do find the people, officers explain the guidelines, why they are important and ask them to comply. Most times they do, she said.

Phoenix police have received 481 calls involving mask violations, Justus said.

Tempe has received 218 complaints, the majority for mask compliance, since the city began tracking complaints in late June. City staff addressed about 150 of the complaints with a phone call or letter and police also conducted on-site visits, a city spokesperson said.

While none of the 11 cities that responded to The Republic’s records request cited individuals for not wearing a mask, issues with lax mask enforcement or patrons not wearing masks were observed at some of the businesses that were cited for violating reopening guidelines, police said.

Phoenix Mayor Gallego, who has butted heads with Ducey over mitigation efforts, compared it to enforcing traffic rules.

“While there is a stop sign at thousands of intersections in Phoenix, we are not able to post a police officer at every one,” she wrote in an email to The Republic. The same with mask and other pandemic protocols, especially as research shows increased spread happening inside homes and at family gatherings.

She said the city is committed to educating business owners and residents on the mask mandate and taking enforcement action when necessary in response to the governor’s call for greater local enforcement.

How to improve mask wearing

Will Humble, executive director of the Arizona Public Health Association, said that’s one reason the mask mandates in place don’t work. They are toothless and difficult to enforce, he said.

The mandates should have targeted businesses rather than individuals by forcing businesses to enact strict mask policies or face fines, he said.

That would have led to greater compliance, said Humble, a former state health department director.

“The mask ordinances we have in place are upside down,” Humble said. “You can’t enforce it on 7.2 million people, but you can enforce it on 30,000 plus businesses and make the penalties hefty enough so that they comply.”

It’s likely too late to take greater enforcement action because businesses already have gotten away with not following the rules for months without facing consequences, Humble said.

Still, some business owners would like to see changes that could help them better enforce the rules.

Feeney believes that Ducey and other leaders prioritized commerce over public health. The two can go hand in hand, he said.

“From my perspective as a businessperson, keeping the store safe is about sustaining the economy,” he said. “In order to sustain ourselves, we determined we had to operate safely and that would allow us to survive and thrive post COVID. This isn’t a contest between saving lives and saving the economy.”

He said a more consistent set of rules that businesses must follow across jurisdictions and industries would make it easier to enforce, and that’s something government leaders can play a role in.

“When businesses are operating on different rules, then it’s harder to get community members on board,” he said.

Dach, of Changing Hands Bookstore, said the governor implementing a statewide mask mandate would help businesses better enforce mask policies.

“As long as you have leadership saying to a degree it’s optional, then you’ll have people saying, ‘It’s my option not to wear it,’” she said. “What businesses need to know is that officials have our backs and that they want us to succeed. And when they don’t do things like a mask mandate, it makes it seem that they don’t want us to succeed.”

What does state enforce?

As pressure mounts on Ducey to take additional steps to curb the virus’s spread, the governor’s tune on enforcement has changed.

For months, the governor said that cities and the state should focus on educating people and businesses instead of punishing them for not complying with the rules.

Now he’s calling on local leaders to act.

He said at a Dec. 16 news conference that enforcement has “almost exclusively” been carried out by the Arizona Department of Health Services. City officials, particularly those who have called for a statewide mask mandate or business closures, should be more accountable for enforcing the rules already in place, he said.

But it doesn’t appear that the Arizona Department of Health Services has been any more strict than local law enforcement.

The department has received more than 3,100 unique complaints about restaurants, bars, gyms, movie theaters and water parks not following COVID-19 protocols since the business compliance hotline opened in the summer, according to department data.

Most cases have been handled over the phone, but staff conducted about 650 on-site investigations. Roughly 97% of the complaints were addressed through education efforts, the data shows.

The department has issued 12 closure notices to businesses for violating reopening guidelines.

A closure notice doesn’t automatically mean a business will close. Businesses can request an informal settlement conference and come to an agreement with the state health department to reopen by following mitigation requirements, department spokesperson Steve Elliot said. Some, like Il Capo Pizzeria in Scottsdale, have ignored the order.

The Arizona Department of Health Services can take legal action to force the business to close if a business doesn’t close or reach an agreement with the agency.

State health officials in late November filed a complaint seeking a court order to close Self Made Training Facility, a Scottsdale gym where the owner has defied COVID-19 rules for months because he doesn’t agree with them.

The owner signed an attestation earlier this month agreeing to follow the mitigation measures to stay open.