We are seeing many municipalities passing ordinances requiring customers to wear face masks before entering retail store settings. It has come to the attention of the NH Retail Assoc.,the NH Grocers Assoc. and the NH Lodging & Restaurant Assoc. that you are considering an amendment to Nashua’s mask ordinance that would require businesses and employees to enforce the requirement for customers to wear a mask.

Requiring retail employees to enforce such an order unfairly places employees in an untenable or uncomfortable position. Retail workers are not law enforcement professionals who receive specialized training to enforce public laws and de-escalate confrontations. Customers and employees are already under enormous strain to follow procedures to protect themselves and the public. Instituting a policy that will lead to conflicts within or outside the store is not only unfair to employees, but it is unsafe to all those in the store.

Our associations are participating in organized efforts to boost mask wearing in the state. Further, mandated mask usage, as the current ordinance provides, allows businesses to state that the ordinance requires the use of masks in stores, so law enforcement can properly address situations where customers become belligerent or violent. But there is distinct difference between a requirement that allows the business owner or employees to tell a customer that it’s the law, and putting them in the position of being the enforcement arm.

While cases of violence are certainly the exception, we have all seen the videos or read the reports of customers behaving badly. The proposed amendment to the existing mask requirement ordinance puts retail employees in potentially dangerous situations when they’re forced to confront unmasked customers.

We respectfully request that you reject the proposed amendment to the current ordinance and leave appropriate law enforcement personnel to enforce the order. This is the only way to safely and effectively enforce these public health policies. Retailers will continue to focus on store operations made more complex by including public signage or routine public address reminders for consumers of their responsibilities under local health orders.

We hope you will agree that it must be up to state and local law enforcement agencies to address violators of a government order, not store employees. Please don’t hesitate to reach out to us if you have any questions.

Nancy C. Kyle

President/CEO NH Retail Assoc.

John Dumais

President, NH Grocers Assoc.

Mike Somers

CEO/President, NH Lodging

& Restaurant Assoc.