By Craig Anderson

The incident required police presence, but no arrest was made.

In response to a face covering complaint at Planet Fitness on North DuPont Boulevard on Jan. 14, Milford officers visited the gym, but the maskless patron agreed to leave.

MPD spokesman Sgt. Rob Masten said, as to the source of the complaint, “We received a call, but I’m not sure if the caller was associated with the business or (was) a customer.”

Other than that, he said, there have been no mask issues in the city since Gov. John Carney on Jan. 11 once again required Delawareans to wear face coverings in indoor public settings due to rising COVID-19 numbers. Churches and houses of worship are exempt.

Likewise, Delaware State Police haven’t received any mask-related complaints since the state of emergency was revised, spokeswoman Master Cpl. Heather Pepper said.

“We currently have not had any incidents of disorderly behavior relating to mask compliance,” she said.

A week after the mandate was enacted, Division of Public Health director Dr. Karyl Rattay said enforcement would occur through local police instead of DPH like it did last year, due to the division focusing on its vaccination and testing programs.

Gov. Carney explained: “We said we wouldn’t enforce it with a heavy hand. We were going to call for folks to comply with the mandate and hope they will. Frankly, the compliance I’ve observed, obviously anecdotal, has shown a real difference in public spaces. You can see the difference as you circulate. ... It also creates a great awareness that this is a serious situation.”

Representatives from municipal law enforcement agencies in Dover, Seaford, Cheswold, Milford, Lewes, Delmar, Smyrna and Felton reported similar low incidences of complaints about masks.

If needed, though, police have enforcement powers for patrons and businesses alike.

“If it is a complaint of a business not allowing a person to enter due to them not wearing a mask, we advise the person involved that the business is privately owned, and they can restrict access based on that policy,” Seaford’s Deputy Chief Michael Rapa said.

When it comes to a complaint against a business and violations observed, Deputy Chief Rapa said, “we are directed by the mandate to make contact with the business owner to advise them of the violation or violations.”

Seaford police will respond to mask complaints if called upon, but officers aren’t actively searching for potential violations.

“This is an indoor mask mandate that businesses and/or agencies need to monitor themselves,” Deputy Chief Rapa said. “If the business/agency has an issue and they wish for our presence, they can call for us to respond.”

If there’s a complaint from a business that a person is not wearing a mask at the establishment and that person refuses to leave after being told by an owner, supervisor, manager or employee, that person can be arrested for criminal trespassing, he said.

Deputy Chief Rapa noted guidance in the Delaware Code: “Your criminal arrest authorities include first-, second-, third-degree criminal trespass. These statutes apply whenever someone refuses to leave a building (including vehicles and watercraft) or land upon the owner’s request — for example, when a business denies entry to someone who refuses to wear a face covering, and that person refuses to leave.”

Also, he said, “When noncompliance complaints of businesses are reported and are observed, the (Attorney General)’s Office advises, ‘If non-compliance continues, you may seek a cease-and-desist order from Delaware Emergency Management Agency and/or Division of Public Health to serve upon that individual or business. Any questions about whether something constitutes a prohibited activity or business activity should be directed towards the Department of Justice.”

While Felton police have proactive patrols, they’re also not specifically targeting mask violations.

“If an officer encounters someone in Royal Farms, for example, they would remind them to put a mask on,” Lt. Christopher Guild said. “Felton PD’s enforcement strategy is to ask people to wear a mask, unless they have a medical reason not to, or to leave the public location they are at if they do not want to comply with wearing a mask.”

Also, DSP’s Cpl. Pepper said, “There are no proactive patrols to monitor if individuals are wearing their masks or strategies to enforce potential violations.”

Officers in Cheswold have a similar outlook.

According to Cheswold Chief Christopher Workman, “We have had no issues with the mask mandate as far as our businesses are concerned. Our plan is just to handle those on a case-by-case basis if they do come in, with no plans to make charges against anyone unless it becomes a situation where a crime is committed against another person or the business itself.”

If Dover police receive a complaint from a business about a person refusing to comply, “we would simply contact the person and explain the mandate and that the store is asking them to comply or exit. If that person were to refuse to leave, they could be charged with trespassing if the store wished to prosecute,” spokesman Sgt. Mark Hoffman said.

In Rehoboth Beach, police received an anonymous email Thursday claiming that patrons and employees at a downtown business weren’t wearing masks. An officer went to check on the complaint, but the business was closed at the time, Chief Keith Banks said.

He said an officer will return when the business reopens and give a warning, noting that a civil violation could bring a $100 fine. He said police would need to witness a violation before issuing that fine, however.

No other mask issues have arisen to this point, Chief Banks said.

“We understand that there’s been a lot of strain on businesses to try to keep their lights on and doors open, and it’s not our intent to harass them,” he said. “But at the same time, we have to work to make sure Rehoboth Beach has a (safe, healthy) environment as much as possible.”

At his weekly COVID-19 press conference Tuesday, Gov. Carney said he wanted “to thank all Delawareans” for mask compliance.

“As I travel around, in and out of convenience stores, my Wawa, grocery stores, gyms, restaurants, bars, all the places that there’s a risk of transmission of COVID omicron virus to one another, ... I’ve noticed that folks really put their masks back on. ... We encourage people to voluntarily keep their masks on when they go inside a public place, you know, your grocery store, your convenience (store).

“I do it just out of respect for the employees who are in there and for the businesses (that employ them).”

Gov. Carney added, “Everything is moving in the right direction. Let’s just keep those masks on. We don’t want to have a mask mandate a day longer than it’s necessary.”

Additionally, Gov. Carney spokeswoman Emily David said, “By and large, we’re seeing significant compliance with the mask requirement statewide. The vast majority of Delawareans have come together to confront this winter surge — including members of the National Guard, who have stepped up time and again and are now helping directly in the hospitals. We’ll get through it because of their efforts.”

On the other hand, not all are complying.

Staff at Redner’s in Dover report seeing a few shoppers who won’t cover up their mouths and noses, as mandated by the governor.

“The public is about 90% (compliant), maybe even a little bit higher,” store director Jeff Huber said. “We offer a mask to those who aren’t wearing one. If they refuse, there’s nothing I can really do about it. It’s not worth what usually follows.

“People can become combative, I’ll just leave it at that. It’s my opinion that people that come in without it are looking for a confrontation.”