BOISE, Idaho — Editor's Note: This article was original published by KTVB's partners at The Idaho Press.
Recent events have led the Boise Metro Chamber to create a list of business owners’ rights in dealing with trespassers and protests.
The chamber put together a document titled “Your Business’s Legal Rights,” which gives business owners guidelines to follow to enforce masks, handle protests or trespassing, and communicate with customers.
“We are particularly concerned that private business owners are being threatened, harassed, and bullied for protecting their staff and customers during this difficult time, and have worked with our Board Members to produce this informational guide,” Metro Chamber President Bill Connors said in a statement Monday.
The chamber on Monday denounced a number of recent events and behaviors, including “unmasked trespassers entering private property, divisive protests in front of elected officials’ homes, and vandalism and anti-Semitism at the (Idaho Anne Frank) Human Rights Memorial.” The organization has established a temporary fund to help the memorial’s creator, the Wassmuth Center for Human Rights, and has already raised $11,500.
The chamber’s guidance for businesses was crafted with the help of the Hawley Troxell law firm and is available at boisechamber.org.
“During the COVID-19 pandemic, businesses have a legal basis to refuse service of unmasked customers because these customers pose a threat to the health and safety of employees and other customers,” according to the guidance.
The document advises business owners to obey all state and local health orders and protocols and offers advice to those dealing with customers during this time.
“When refusing to admit or serve to customers without masks: (1) be as respectful as possible and make efforts to avoid embarrassing the customer or causing a scene, (2) politely inform the customer that masks are required, (3) provide the customer with an opportunity to resolve the situation by putting on a mask, and (4) if the customer refuses to wear a mask and does not claim a disability as the reason then politely ask the customer to leave the premises,” the document states.
Along with this advice, the document tells business owners to be aware that following health orders can have unwanted consequences, and that owners should be prepared to deal with the fallout online.
“Businesses should be aware that some disruptive customers are very skilled at using social media to publicize the message and cause. There is a risk of backlash or reputational harm to the business on certain media channels depending on store policies, signage, trespass enforcement, and communication style with customers,” the document said. “You should be prepared to address any backlash or pushback on social media.”
