Bill would allow businesses to flout mask mandates

An Arizona lawmaker wants to make it optional for businesses to enforce mask mandates, although numerous business groups supported Maricopa County’s mask requirement.

Rep. Joseph Chaplik, R-Scottsdale, introduced House Bill 2770, telling a Tucson talk radio host that it would give businesses a choice and protect people’s “freedom and liberties.”

Robin Reed, CEO of the Black Chamber of Arizona, said COVID-19 cases have climbed when the state eased off mitigation efforts. He worried making masks optional could have the same effect.

Reed told The Arizona Republic that state leaders should study the impact of proposals before introducing bills.

“We can’t be flippant with these types of bills,” he said. “We owe our citizens to research what would happen if these mask mandates weren’t in place.”

A public health expert said making masks optional could lead Arizona’s COVID-19 metrics to slide just as they are improving.

“We know that the vast majority of businesses are doing their very best to curb the spread of the virus in an extremely challenging business environment.”

Garrick Taylor

Executive vice president of the Arizona Chamber of Commerce and Industry

Chaplik’s one-sentence bill will be heard at 2 p.m. Tuesday in the House Commerce Committee.

Several bills introduced this legislative session take aim at COVID-19 mitigation strategies, although most focus on curbing the governor’s authority during an emergency.

Chaplik’s proposal would not only undermine Gov. Doug Ducey’s executive orders that require certain businesses such as restaurants and gyms to use masks, but city and county mask mandates, as well.

Arizona has no statewide mask mandate, and local mandates vary. Some require businesses to enforce mask usage while others are less explicit about businesses’ responsibilities.

Masks are ‘the right thing to do’

The Arizona Chamber of Commerce and Industry and other business groups said they didn’t advocate for and were unaware of the bill. The organizations and their members have long supported mask wearing and other pandemic protocols they say allow businesses to continue operating and keep employees safe.

The Arizona chamber worked with the Arizona Medical Association to launch a website that offers tips on safe operating practices for businesses in the pandemic. The first step listed is requiring face coverings.

They sent a joint letter to the Maricopa County Board of Supervisors in September urging the board to keep the countywide mask mandate in place as the board faced pressure from residents to rescind the order.

“Safety is key to ensuring employees can work, children and young adults can learn, business and healthcare providers can operate, and our economy can continue to thrive,” the letter said.

Leaders of the Chandler, Glendale, Greater Phoenix, Scottsdale, Tempe and Wickenburg chambers sent the county a similar letter of support.

The Arizona chamber hasn’t taken a position on Chaplik’s bill, but “maskwearing is the right thing to do,” said Garrick Taylor, with the chamber.

“We know that the vast majority of businesses are doing their very best to curb the spread of the virus in an extremely challenging business environment,” he said.

The Arizona Small Business Association and the Arizona Restaurant Association offered similar positions.

Rules for customer behavior aren’t new in Arizona, rest of US

Several health care organizations, including the Arizona Medical Association and the Arizona chapter of the National Association of Social Workers, have come out against HB 2770.

The League of Arizona Cities and Towns also lodged its opposition.

Arizona, which led the nation for cases of the virus through most of January, has seen improvements in recent weeks. Easing up on rules now could cause cases to surge again, said Dr. Joshua LaBaer, director of the Arizona State University Biodesign Institute.

LaBaer said masks are a short-term solution until more people are vaccinated.

The idea of having polices related to customer behavior isn’t new, he said, pointing to businesses requiring customers to wear shoes and shirts or state and local laws that ban smoking in restaurants and other public places.

Americans aren’t accustomed to mask use as they are in other countries, said LaBaer, who notes the same principle applies — rules that are in place for the general public’s health.

“This virus is devastating,” he said. “Anything we can do to prevent the spread of COVID-19 is something I think we should be doing.”

‘We shouldn’t have to force it’

Chaplik, who edged out incumbent Jay Lawrence in August’s Republican primary, campaigned to reopen businesses and the state’s economy.

He said on his campaign website that the governor and city leaders took measures at the beginning of the pandemic based on limited knowledge of the virus, but it was time to start walking back some of those protocols.

Chaplik went on to defeat Democrat Erik Kurland for the second House seat in Legislative District 23, which spans Scottsdale and Fountain Hills, and was sworn in last month.

He didn’t respond to The Republic’s multiple requests to talk about his proposal.

Chaplik told KNST-AM’s Garret Lewis in early February that people should have a choice on mask wearing and businesses shouldn’t be tasked with policing that.

He said he talked to businesses owners and employees during his day-today errands and heard from many who were tired of wearing masks, didn’t believe in mask use or didn’t think it was their responsibility to force others to wear one.

His bill would not prevent businesses from requiring masks, but the decision would be left to the business. He said consumers could then choose which businesses to support based on their personal preference.

“(Businesses) get to make the choice if they want to enforce it or not,” Chaplik said. “We shouldn’t have to force it on everyone.”

Chaplik owns a commercial real estate company and lives in north Scottsdale, which recently reinstated its local mask mandate. Former Mayor Jim Lane had rescinded the city’s mask policy in September as COVID-19 infections declined after a summer surge. The city’s largest employer, HonorHealth, criticized the move.

Mayor David Ortega reinstated the mandate in January, a day after taking office.

Scottsdale has taken the toughest enforcement actions against businesses flouting pandemic-related rules, though police said education is the priority.

The city issued 10 citations, referred 14 cases for prosecution and made additional reports that could lead to charges as of late 2020, according to The Republic’s analysis. Some of the issues related to mask usage.

Among those cited was Self Made Training Facility. An owner of the Scottsdale gym held out on following COVID-19 rules, like mask wearing, because he disagreed with them. Eventually state health officials sought a court order to close the gym, and the owner in January agreed to follow mitigation measures to remain open.

Are businesses required to enforce mask wearing?

Metro Phoenix police departments say their efforts have focused on gaining voluntary compliance with masks and other protocols. Most often individuals and businesses comply after officers explain the guidelines, they said.

But that approach has left businesses largely responsible for ensuring customers comply with public health mandates, which can place store clerks and managers in tough spots.

Requirements that vary by city also complicates the situation.

Maricopa County and about half the Valley cities have issued mandates that require business employees that deal with the public to wear masks. Avondale and Peoria explicitly say businesses must require customers to use masks, and post notices of the policy at the entrance.

Mesa’s mandate says businesses must refuse service to anyone without a mask.

Mandates in other cities, including Glendale, Scottsdale and Tempe, go a step further and require private businesses to ask anyone who refuses to wear a mask to leave, and says allowing them to stay is a violation.

Businesses in Goodyear and Phoenix can refuse service to customers without masks, but the mandates don’t specify that they must enforce face coverings or ask clients to leave. Surprise’s mandate doesn’t list any requirements for businesses.

State reopening guidelines require restaurants, bars, gyms, movie theaters, casinos and shopping malls to enforce face coverings on masks but it’s only encouraged for retail businesses.

Reed said businesses are concerned about the pandemic’s economic impact and additional responsibilities. Some might think being more flexible on mask usage may bring in more customers and help keep their business afloat.

But choosing between “the ability to take care of your family’s health over the ability to take care of your family economically is a very challenging place for anyone to be in. That’s what’s going on here,” he said.

However, he said he hopes that businesses would continue to enforce mask use for the greater public good, regardless of whether it’s required.