Business Mask Requirements & Municipal Enforcement
Municipality does not have a mask requirement or recommendation. Individual
businesses within the municipality require masks for entry.
Businesses are asking for police assistance when customers refuse to wear
masks. Police chief seems to think they can assist business owners & remove
customers from property based on a claim of trespass.
I don't find anything in municipality's ordinances or in Title 21 that
supports Chief's position. It seems to me to be a civil matter.
Do any of you have thoughts or experience to share?
Thank you!
Kim Spady
What does your trespass ordinance require?
Cindy L. Richard
Deputy Municipal Counselor
From: Oama oama-bounces@lists.imla.org on behalf of Kimberlee Spady Kim@spadylaw.com
Sent: Thursday, August 27, 2020 4:01:47 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Business Mask Requirements & Municipal Enforcement
Municipality does not have a mask requirement or recommendation. Individual businesses within the municipality require masks for entry.
Businesses are asking for police assistance when customers refuse to wear masks. Police chief seems to think they can assist business owners & remove customers from property based on a claim of trespass.
I don’t find anything in municipality’s ordinances or in Title 21 that supports Chief’s position. It seems to me to be a civil matter.
Do any of you have thoughts or experience to share?
Thank you!
Kim Spady
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
I am not sure if it applies, but is it the same way with "no shoes, no shirt, no service."? I am not certain how/if that is ever enforced, but seems like it might be a trespass scenario.
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
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From: Oama oama-bounces@lists.imla.org on behalf of Kimberlee Spady Kim@spadylaw.com
Sent: Thursday, August 27, 2020 3:01:47 PM
To: oama@lists.imla.org
Subject: [Oama] Business Mask Requirements & Municipal Enforcement
Municipality does not have a mask requirement or recommendation. Individual businesses within the municipality require masks for entry.
Businesses are asking for police assistance when customers refuse to wear masks. Police chief seems to think they can assist business owners & remove customers from property based on a claim of trespass.
I don’t find anything in municipality’s ordinances or in Title 21 that supports Chief’s position. It seems to me to be a civil matter.
Do any of you have thoughts or experience to share?
Thank you!
Kim Spady
Unless there is an ordinance in place, I would think it would be a trespass, which might be a criminal matter is there is a trespass ordinance and the person is willing to execute a citizen complaint.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: Oama oama-bounces@lists.imla.org On Behalf Of Kimberlee Spady
Sent: Thursday, August 27, 2020 4:02 PM
To: oama@lists.imla.org
Subject: [Oama] Business Mask Requirements & Municipal Enforcement
Municipality does not have a mask requirement or recommendation. Individual businesses within the municipality require masks for entry.
Businesses are asking for police assistance when customers refuse to wear masks. Police chief seems to think they can assist business owners & remove customers from property based on a claim of trespass.
I don't find anything in municipality's ordinances or in Title 21 that supports Chief's position. It seems to me to be a civil matter.
Do any of you have thoughts or experience to share?
Thank you!
Kim Spady
Norman's trespass ordinance states:
(a) Except as otherwise provided, no person shall enter upon or remain upon any public or private property or in any area or structure of such property when:
(1) Such entrance or remaining is plainly forbidden by signs, markings, or otherwise, or by verbal command of the owner, his agent, or employee;
(2) The property is enclosed.
(b) Persons excepted from the above subsection are those entering:
(1) By authority of federal or state law or city ordinances; or
(2) With the expressed or tacit consent of the owner, his agent, or employee in charge thereof.
Our mask ordinances requires businesses to post signs which require a mask for entry. We have advised them that someone who enters without a mask can be asked to leave. If they refuse to leave, the can be cited for trespassing.
In addition, 21 O.S. § 643(3) provides, "To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases ... When committed .. in preventing or attempting to prevent ... any trespass or other unlawful interference with real or personal property in such person's lawful possession; provided the force or violence used is not more than sufficient to prevent such offense[.]
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Thursday, August 27, 2020 4:20 PM
To: Kimberlee Spady Kim@spadylaw.com; oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Business Mask Requirements & Municipal Enforcement
Unless there is an ordinance in place, I would think it would be a trespass, which might be a criminal matter is there is a trespass ordinance and the person is willing to execute a citizen complaint.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady
Sent: Thursday, August 27, 2020 4:02 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Business Mask Requirements & Municipal Enforcement
Municipality does not have a mask requirement or recommendation. Individual businesses within the municipality require masks for entry.
Businesses are asking for police assistance when customers refuse to wear masks. Police chief seems to think they can assist business owners & remove customers from property based on a claim of trespass.
I don't find anything in municipality's ordinances or in Title 21 that supports Chief's position. It seems to me to be a civil matter.
Do any of you have thoughts or experience to share?
Thank you!
Kim Spady
WADR, that is bull shit
Sent from my iPhone
On Aug 27, 2020, at 5:11 PM, Rick Knighton Rick.Knighton@normanok.gov wrote:
Norman’s trespass ordinance states:
(a) Except as otherwise provided, no person shall enter upon or remain upon any public or private property or in any area or structure of such property when:
(1) Such entrance or remaining is plainly forbidden by signs, markings, or otherwise, or by verbal command of the owner, his agent, or employee;
(2) The property is enclosed.
(b) Persons excepted from the above subsection are those entering:
(1) By authority of federal or state law or city ordinances; or
(2) With the expressed or tacit consent of the owner, his agent, or employee in charge thereof.
Our mask ordinances requires businesses to post signs which require a mask for entry. We have advised them that someone who enters without a mask can be asked to leave. If they refuse to leave, the can be cited for trespassing.
In addition, 21 O.S. § 643(3) provides, “To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases … When committed .. in preventing or attempting to prevent … any trespass or other unlawful interference with real or personal property in such person's lawful possession; provided the force or violence used is not more than sufficient to prevent such offense[.]
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | + rick.knighton@normanok.gov | þ www.normanok.gov
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Thursday, August 27, 2020 4:20 PM
To: Kimberlee Spady Kim@spadylaw.com; oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Business Mask Requirements & Municipal Enforcement
Unless there is an ordinance in place, I would think it would be a trespass, which might be a criminal matter is there is a trespass ordinance and the person is willing to execute a citizen complaint.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: Oama oama-bounces@lists.imla.org On Behalf Of Kimberlee Spady
Sent: Thursday, August 27, 2020 4:02 PM
To: oama@lists.imla.org
Subject: [Oama] Business Mask Requirements & Municipal Enforcement
Municipality does not have a mask requirement or recommendation. Individual businesses within the municipality require masks for entry.
Businesses are asking for police assistance when customers refuse to wear masks. Police chief seems to think they can assist business owners & remove customers from property based on a claim of trespass.
I don’t find anything in municipality’s ordinances or in Title 21 that supports Chief’s position. It seems to me to be a civil matter.
Do any of you have thoughts or experience to share?
Thank you!
Kim Spady
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