A Lismore business owner was threatened with a law suit this week, over shop signage which directed customers to wear masks.

According to the business owner, the customer claimed he would instigate a class action law suit against Lismore businesses who discriminated against people who didn't wear masks.

With the current Covid restrictions extended for another week, the incident raises questions about what best practice should be for local business owners who are confronted by customers - as they trade under the NSW Covid restrictions rules.

To clarify the situation, The Lismore App spoke to the Lismore Chamber of Commerce and local business owners, and got some helpful tips about how to navigate some of the ‘grey’ areas in the rules over mask wearing and signage.

The incident

One Lismore business owner (who wishes not to be named) said Wednesday last week, a man came into the shop and was told to put on a mask by a staff member.

“So, he took out a mask and put it on,” the business owner said.

“He made a comment about our sign that said ‘no mask no entry - unless you have an exemption or are under 12 years old’.

“He said ‘I can sue you for that’.

“Then this week on Tuesday, we got a phone call from a solicitor in Sydney who said he would serve us papers to sue us for discrimination.

“It really stressed me out. He said he was bringing a class action against businesses in Lismore over their signs saying ‘no mask no service’.

“We haven’t been served papers yet and we have already spoken to our own solicitor.

“We believe we have done nothing wrong.”

Read more Covid business news: Ghetto Babe owner goes to court for refusing to wear mask

Chamber of Commerce

Lismore Chamber of Commerce president Ellen Kronen said the situation is “unsettling” for many business owners.

“Our understanding is that other business may have been treated in the same way,” Ellen said.

“We understand that people may have their own personal views on vaccinations, or stay at home Covid restrictions.

“But we are all living under a Public Health Order – and as business owners, we are required to comply with the rules.

“It’s unfair for people to take it out on the staff and owners of shops and to target them in this way.

No mask, no entry signs

Ellen said she had been looking into the mask signage regulations on what best practice should be, and found it to be unclear.

“When it comes to the ‘no mask no entry’ signs, the NSW Health website has different views on how that can be approached,” Ellen said.

“The downloadable posters on the site say masks are mandatory, but it’s not clear, because there are exceptions for some people.”

So, Ellen has requested more advice from the NSW Business Chamber and is still waiting to hear back from them.

“We are going with what’s on the website - that we are under an active Public Health Order and masks are required in store, unless you have an exemption or are under 12.”

Mask wearing rules

Current mask wearing rules in NSW state that you need to wear a mask unless you have a valid exemption. This may be because of a disability, or other reason such as a medical condition.

A person with an exemption does not need to show proof of the exemption to the business owner, but will need to provide it if questioned by police.

Ellen has some helpful advice for business owners trying this navigate the restrictions and rules.

Strategies for confrontation

Ellen said business owners need to have a number of strategies in place for when dealing with people who don’t, or won’t wear a mask when in the business premises.

“If someone comes into my shop, I won’t challenge them on their exemption,” Ellen said.

“I suggest that you don’t do anything to inflame anyone. It’s a challenging situation.

“If they are not wearing a mask when they enter, I will ask them to put it on if they have one - then give them an opportunity to say to me that they have an exemption.

“If a confronted person says 'I’m being discriminated against', make sure you have the local police phone number handy.

“In extreme circumstances, or if you have young or old staff members, you may need to call it.

“This situation can be very confronting, so think it through and have a plan in your mind about how to approach the situation.

Options

“If a person is not wearing a mask, you can say to them ‘we are currently under Public Health Orders, so you can perhaps stand outside the shop and I can serve you there or show you items'.

“People in businesses need to be aware they can do that.

“This is important because it is the shop keeper who will get fined if an inspector sees people in the shop with no mask on for a reason.

“They can also offer the customer a ‘click and collect’ option where the goods can be ordered and them picked up or dropped off to them.”

The future

“We are lucky here at the moment, because we have no Covid cases, but we need to do the right thing and not be complacent.

“From next week, all businesses will need to have a QR code for all customers to check in with.

“Already I’ve had a couple of businesses struggling to get the QR code set up and we’ve been helping them.

“If anyone is having trouble, just reach out to the Chamber and we will help them.

“We also advise people to set up or revise their Covid safety plan and review any signage they deem necessary in their business.”