KALISPELL, Mont. (AP) - State and county health officials have started cracking down on businesses that aren’t enforcing Gov. Steve Bullock’s mask mandate, which was put in place in July to reduce the spread of COVID-19.
The Montana Department of Public Health and Human Services sought court approval in Flathead County to force four businesses to come into compliance with the mandate, the Flathead Beacon reported Friday.
The state is seeking temporary restraining orders against Sykes Diner and Mercantile in Kalispell, Remington Bar and Casino in Whitefish, Your Lucky Turn Tavern in Bigfork and Ferndale Market.
The governor’s mandate requires face coverings to be worn in all indoor spaces open to the public in counties that have four or more current cases of COVID-19. It also requires businesses to take “reasonable measures” to ensure customers, employees and others follow the mandate.
Bullock announced planned legal action against Flathead County businesses on Thursday, saying county commissioners and the Flathead City-County health board responded to the recent spike in cases “by publicly offering support to residents who ignore the governor’s directives,” the complaint said.
The state is seeking a temporary injunction and a restraining order to prevent the businesses from violating the emergency orders.
Doug White, whose family has owned Your Lucky Turn for more than three decades, acknowledged some customers walk in without masks or remove face coverings in the casino. He says he has posted a sign with the state directive and provides masks and hand sanitizers to customers.
“What am I supposed to do?” White asked. “Accost people?”
“We try to comply with everything possible, but I have suppliers coming in here all the time not wearing a mask. What am I gonna say? I can’t accept your beer delivery because the guy’s not wearing a mask?” White asked.
The owner of the Ferndale Market was out of town and unavailable for comment Friday, a person who answered the phone there said. Pam Haase, the manager at Sykes Diner, said they had just been served with the complaint and wanted to read through it before commenting. The person who answered the phone at the Remington declined to comment.
Two of the businesses named in Friday’s filings - Sykes Diner and Ferndale Market - had been referred to County Attorney Travis Ahner, who said he declined to take action against the businesses because no specific outbreak had been linked to the locations.
Montana reported a record 932 new cases of COVID-19 on Thursday and another 863 on Friday, bringing the case total since the pandemic began to just over 26,500. At least 282 people have died and 351 are hospitalized, state officials said.
The number of cases is thought to be far higher because people can have COVID-19 without having symptoms and not everyone has been tested.
Other counties are taking actions against businesses that aren’t enforcing the mask mandate.
Missoula County has ordered several businesses to comply with the COIVD-19 safety precautions or close down and has closed some that haven’t, the Missoulian reported.
Cascade County has issued “orders of correction” letters to the owners of three businesses for not complying with the mask mandates since August and has contacted others with educational calls. If the Cascade County businesses don’t comply, the county health department says the cases will be referred to the county attorney, the Great Falls Tribune reported.
Cascade County Health Officer Trisha Gardiner said Tuesday that the health department has contacted more than 200 businesses with regard to non-compliance with COVID-19 directives, such as masks, signs and building capacity limits.
The state does not track county enforcement efforts, health department spokesperson Jon Ebelt said.
Bullock on Friday provided a link to a consumer complaint form where the public can let health officials know of businesses or events that violate COVID-19 directives. The form is also used to report foodborne illnesses and other public health and safety issues.
For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia, and death.
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