Covid-19 Patron Compliance During Reopening of NH Businesses
As non-essential businesses begin to reopen, questions about patron compliance are on the rise. Compliance with the Governor’s Orders is essential. (For compliance information see https://www.governor.nh.gov/news-and-media/emergency-orders-2020 or https://sos.nh.gov/nhsos_content.aspx?id=8589967037)
What can we do if a patron refuses to wear a mask? First, review Executive #40 for industry-specific guidelines. Next, consider adopting a policy, and enforce it uniformly. Options include:
- Refusing service
- Asking patrons to speed up their shopping to reduce exposure
- Offering masks for purchase
What should we do in advance to inform customers of our policy? Businesses should post outside signage specifying their Covid-19 policy. Indoor social distancing reminder signage and floor stickers in key areas are also helpful, and in some cases, mandated. Many businesses are required to ask customers if they are experiencing COVID-19 symptoms prior to entering. Updating your website and social media pages with your latest protocols can also be helpful. It is essential that business owners review the guidelines specific to their industry (see above link Order #40 Addendum C).
What penalties do we face if patrons disobey Orders? This remains to be seen. There are severe penalties if the business violates the Orders, and in the event of significant and/or repeated disobedience, it could be determined that the business is liable as it did not take steps necessary to cause cessation of the infractions. According to a memo from the Attorney General’s office, violation of an emergency order, rule, or regulation, causes a business to risk a misdemeanor conviction and potential fine of up to $20,000.00.
The law continues to evolve, and it is advisable keep up to date on the Governor’s Orders and/or consult with an attorney regarding your rights and remedies. See https://businesshelp.nheconomy.com/hc/en-us.
While our building is temporarily closed to the public, Wescott Law remains committed to assisting our clients. Contact us for a free consultation.