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Mask anger sprouts up at market

| August 18, 2020 8:46 AM

Disputes over mask requirements in public spaces have sprung up at Libby’s weekly farmers market.

In a July 27 statement, the Libby Chamber of Commerce cited the shutdown of the Helena Farmers Market as an example of what might happen to the Libby market if customers did not comply with Gov. Steve Bullock’s July 15 mask directive. Nevertheless, market managers have had to deal with uncooperative and, in a few cases, belligerent attendees since they began requiring face coverings.

Jonathan Graham, a Libby police officer, was sent to the market Aug. 6 when a patron refused to either put on a face covering or leave.

“At that time, it becomes a trespassing issue,” said Chief Scott Kessel of the Libby Police Department.

According to an affidavit filed by Graham, William Henry Day, 59, told Graham that he planned to return to the market when Graham began writing him a citation for trespassing. Graham wrote that during the conversation Day used “profane and obscene language several times,” which disrupted other patrons at the market. Graham eventually arrested Day for failure to disperse, disorderly conduct and trespassing violations.

On the same day, market managers had trouble with another patron who refused to wear a mask. According to the Lincoln County Sheriff’s Office incident log, Libby police were called to the market, but the attendee left on their own accord.

In past weeks, Libby businesses have faced pressure to enforce Bullock’s mandate, which requires that masks be worn in indoor public spaces and at outdoor gatherings of 50 or more people where social distancing is not possible or ignored.

Rosita’s Mexican Restaurant closed their dining area on Aug. 4 after customers who refused to wear masks harassed staff members.

Failing to adhere to the mandate can have serious consequences for businesses. In a July 17 letter, Lincoln County Health Officer Dr. Brad Black told Heather Handy, the owner of Heavens Peak Organic Market in Eureka, that she might be subject to criminal prosecution if she did not bring her business into compliance.

Handy, a vocal critic of the governor’s mask mandate, allegedly posted signs encouraging patrons to eschew the directive in her business.

Law enforcement agencies in Lincoln County have stated that enforcing the governor’s mandate is outside of their purview. Kessel reiterated in an Aug. 13 letter addressed to the Libby Chamber of Commerce and all Libby businesses that his officers are not writing tickets to enforce Bullock’s mask mandate.

“The view of the Libby Police Department is that if someone refuses to wear a mask in your business you have the right to ask them to leave,” he wrote.

If a customer refused to leave after being asked to put on a mask, however, officers could take action as in the farmers market incident. Kessel urged businesses to report all incidents when patrons used profane and threatening behavior towards employees.

“You should not and we will not tolerate this behavior,” Kessel wrote. “The Libby Police Department is here to support you, but we cannot if you don’t involve us with these incidents.”

On Aug. 13, a week after he arrested Day, Graham was patrolling farmers market. While the day went without incident, Graham said “a lot of people have gotten bent out of shape” by the mandate.

Some vendors, such as Libby resident Kristina Miller, found the mask requirement unnecessary. While she was wearing a face shield, Miller thought attendees should not have to wear face coverings. The market is held outdoors, she said.

Myranda Cravens, general manager at the chamber of commerce, declined to comment.

Julie Newcomb, a vendor from Cloud Eleven Mountain Farm in Moyie Springs, Idaho, however, said the market managers and police had been doing a great job of handling the situation.

“I can’t say enough good things about them,” Newcomb said of the market staff. “Wonderful market managers really trying to help the community have a good business.”