Anti-mask protesting could get you arrested in Fresno stores, Dyer says. That’s good

After yet another weekend of anti-mask protests that caused major disruptions at several Fresno businesses, Mayor Jerry Dyer said enough already.

He put it simply: If someone refuses to wear a mask in a private business and is asked to leave by a store employee, then refuses, that is called trespassing.

“The Fresno Police Department will respond and they will enforce that as a violation of trespassing,” Dyer said at a news conference outside City Hall.

“If that person refuses to cooperate, they will be arrested and taken to Fresno County Jail,” Dyer added.

Dyer was Fresno’s police chief for 18 years before winning his election as mayor, so he well understands the legal ground he stands on.

Unlike Ben Martin, the main provocateur who has been instigating the recent protests.

Protests unfounded

Martin cites the Civil Rights Act of 1964 and other federal statutes as justification for going into businesses like Trader Joe’s, Total Wine and Sprouts Farmers Market and demanding he be allowed to shop mask free. He does so even though the stores have signs requiring masks, which are 2021’s version of “No shoes, no shirt, no service.”

The burly, bearded Martin is big on drama and short on logic. There are zero civil rights violations occurring when a business requires mask wearing because that standard is being applied equally to all customers. No one is discriminated against.

At last weekend’s protest, shoppers who wanted to go into Sprouts began arguing with Martin and others after the store decided to close. Tensions are already high at retailers because of the requirements forced by the coronavirus pandemic. If Martin and his group keep provoking with their faux-freedom demonstrations, someone else might get fed up and take matters into their own hands. That is a possibility that Dyer and Fresno police cannot let happen.

Dyer and the police want to give Martin and his ilk their constitutional ability to demonstrate — they do have that right. But protesters cannot impede customers from entering stores, and cannot remain inside if told to leave. Otherwise, they will be arrested.

That actually happened to Martin, who was cited for trespassing at Spouts and released.

Make the argument more effective

It is time for Martin to take his complaints where they can be the most effective — elected leaders. Don’t like the rules? Complain to Gov. Gavin Newsom, Mayor Dyer, county supervisors, the Fresno City Council. But don’t bully store managers or employees, or be a disruption to other citizens.

In case Martin and his band have not yet heard the news, the coronavirus pandemic has killed 1,067 people in Fresno County. There have been nearly 86,000 cases. Wearing a face mask is one of the best ways to prevent the spread of the highly contagious disease.

Here is betting Martin will push it again inside a store and force the manager to call police, who will then respond and arrest him.

Maybe a night inside the cell at County Jail will knock some sense into him. Far from being the patriot he fashions himself as, Martin is a selfish bully who misapplies federal law and makes a stink when he doesn’t get what he wants.

All that is needed is the simple sacrifice of wearing a face mask.