Business Beat
What Do I Do if My Customers Won’t Wear a Mask?
Learn more about enforcing face masks for customers, and relevant legal information Dan Marzullo
FAQs on face masks policies for small businesses Small business owners around the country are taking precautions, following guidelines, and doing everything they can to keep their workers and customers safe. But what happens if your customer refuses to wear a mask? Whether or not you can require face masks forcustomers depends on individual state and local orders. However, bear in mind that both the Occupational Safety and Health Administration (OSHA) and the CDC strongly recommend them — and requiring face mask usage is becoming more common in areas around the country. Under the OSHA respiratory protection standard, employers must also supply required personal protective equipment materials (including face masks) if the business requires it.
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Can I enforce a mask policy for customers? You certainly don’t have any HR files on who enters your place of business, but you can require face masks of your customers. Make sure you have clear signage that details your mask policy for customers on the outside of your business as well as the interior. Small businesses do have the authority to ask customers to leave if they ignore the mask requirement. In most cases, customers will leave without causing a scene, but there are some isolated incidents in which customers have demanded to stay — mask free. Every situation is unique, and it’s up to the manager or business owner to decide whether to involve local authorities in these cases. Can I get sued if I enforce a mask policy in my business? We’re in unprecedented waters so
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there’s no clear answer. Most attorneys are saying that it’s unlikely for lawsuits to go anywhere, but it is possible. A lot of people have compared the mask policy to the no shoes, no shirt, no service policy that’s common in establishments. New York Governor Andrew Cuomo recently said: “You don’t have a right to walk in a store and cause all the other patrons to run out because you’re not wearing a mask.” Your rights as a business owner are dictated somewhat by state and local ordinances, so it’s always a good idea to have an HR representative on your side who’s aware of the ever-evolving laws around reopening during COVID-19. Ultimately, businesses are usually free to tell their customers that they must wear a mask to get and stay inside. Refusing entry or service is a right businesses have had since the beginning of commerce in the United States, and some experts are likening the mask policy to not allowing smoking indoors. One customer’s “right” cannot put at risk the health of every other customer and employee in the store. Of course, the ADA also has laws in place for customers with disabilities. Someone who physically cannot wear a mask does have the right to sue a business that turns them away. That’s why many businesses have a mask exemption for young children and those whose health are at risk when wearing a mask. But you cannot necessarily tell if a person is “mask exempt.” There are also some people who falsely claim they should be exempt simply because they don’t want to wear a mask. So … what happens if I am sued? Again, it’s too soon in the pandemic
