Retailers call on health minister to fix mask requirements
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"Mayhem" is being caused by people refusing to wear masks in shops, retail industry representatives say, and they are asking Government to urgently change the "lunatic" law which is protecting 'anti-maskers'.
Retailers have been threatened with legal action if they refuse to serve someone who is not wearing a mask if that customer claims they have a disability or experience 'extreme distress' at having to wear a mask; both of which entitle someone not to comply with the rule.
The Convenience Stores and Newsagents Association (CSNA) is calling on the health minister Stephen Donnelly to implement a system, similar to the blue badge given to drivers with disabilities, which would entitle those with genuine medical needs to enter shops without masks.
This, Mr Jennings said, would help retailers "weed out the people who are causing mayhem”.
The CSNA, which represents 1,500 convenience, forecourt, and newsagents retailers, is also calling on Mr Donnelly to remove the "lunatic" clause in statutory instrument 296, Section 5, which says that anyone in "extreme distress" can be exempt from wearing a face covering.
This piece of legislation, which was designed to legally require people to wear face masks in shops, is now being repeatedly quoted at retailers across the country as a reason not to wear masks, Vincent Jennings, CEO of the CSNA, said.
“Up and down the country, people are coming into shops using the terminology given by right-wing groups saying that they have an exemption from wearing masks under Statutory Instrument 296, Section 5. They can be very obnoxious and threaten to accuse the retailer of discrimination at the Workplace Relations Commission if they refuse to serve them," Mr Jennings said
The Equal Status Act prohibits discrimination against anyone on the grounds of disability when providing goods or services, leaving retailers in a legally difficult position which is adding to the stress the sector is under, Mr Jennings said.
“It’s mostly been shouting matches so far but soon that could escalate into an assault," he said.
“People in retail are on a knife edge. They were classed as an essential service and worked through the pandemic.
“You would think that the State would acknowledge that and try to protect retailers."
Michael Doyle runs a Spar in Portmarnock, Co Dublin. Every day, at least four people challenge him on his shift about not wearing a face mask, with increasing numbers claiming medical exemption.
An older man has shoved a newspaper in his chest when he refused to serve him without a mask and his manager has been racially abused for refusing service.
“They say that they have a right not to wear one but I have an underlying health condition and they can give me Covid," Mr Doyle said.
“The problem is that people don’t have to prove that they have a reasonable excuse not to wear a mask. The law is a bit of a mess.
“When Covid hit, no one here walked away from their job. We tooled up and took all the appropriate measures.
“But there are hundreds of people in here every day and we don’t want to take risks.
“We need a system like the blue badge for disabled parking so that those who have a genuine reason for not wearing a mask can be exempt but it can't just be used as an excuse anymore by anyone."