Anti-mask rally planned after unmasked customers allegedly told to leave Salem WinCo

An anti-mask rally is planned for Saturday outside the WinCo Foods store in south Salem after an employee allegedly denied service to a customer who refused to wear a mask.

WinCo stores, like many businesses, have adopted a policy requiring customers and employees to wear masks inside the store. Their policy allows for some medical exemptions.

It is unclear whether a video of the incident — titled "Senior Citizen Denied Food at WinCo Grocery Store for Not Bowing to the Mask Police" — is connected to a string of videos showing people entering businesses in Oregon and refusing to put on masks while filming employees.

The video was posted on YouTube and Parler, a microblogging website favored by conspiracy theorists, right-wing extremists and those fleeing censorship on other social media sites. 

The rally is set to take place outside the store at 1 p.m. Saturday. It comes in the wake of a string of right-wing protests that have resulted in violence, arrests and property damage in Salem. 

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Refusal to wear masks

In the video, a man can be heard talking to an employee and recording the self-checkout area of the WinCo Foods store on 4575 Commercial St. NE. 

A post for the video said it took place on Dec. 30. 

The employee asks not be recorded and makes a motion to move the phone. 

The employee then disables the machines that four maskless customers were attempting to use to check out their groceries. 

"You should be fired for your behavior," someone tells the employee in the video. "You are breaking the law."

The poster of the video said "four senior citizens" went shopping at the store without masks because "many" of them found it hard to breathe. 

The poster said they were escorted out of the store by Salem police and refused service. 

"The reason? We refused to wear a mask regardless of a person's health condition or the generally known fact that masks are worthless in stopping the Covid-19 virus," the post said. "The store management apparently wanted our submission by bowing down to the corporate-government mask-gods to then be followed by receiving a blessing of conformity upon us mere serfs before completing the purchase process."

Management at the WinCo store and corporate headquarters did not immediately respond to a request from the Statesman Journal for comment. 

Those not wearing masks in the video accused the employee of assaulting them and interfering with commerce. 

Before the video ends, the man recording is heard commenting: "This is how pathetic this country has gotten."

What the mandate says

Last year, in an effort to stop the spread of COVID-19, Gov. Kate Brown set forth a mask mandate requiring the use of masks or face shields by those over age 5 in public spaces. 

New coronavirus cases in Oregon in the week ending Saturday rose 23.2% as 8,022 cases were reported. The previous week had 6,512 new cases.

The deaths 1,500 people in the state have been attributed to COVID-19, and the virus has disproportionately killed those over the age of 60. 

COVID-19 is transmitted primarily through respiratory droplets when people cough, sneeze, sneeze, talk or breathe. According to the Centers for Disease Control and Prevention, masks — including non-medical cloth masks — reduce the spread of droplets by an infected person and the inhalation of these droplets by other people by up to 70%. 

The Oregon mask mandate requires businesses to enforce mask use and advises businesses to provide "reasonable accommodations" to those unable to use a face shield or face mask due to disability. 

This accommodation could include curbside pickup or delivery. 

"A reasonable modification does not include allowing a customer inside without a mask, face-covering or face shield," Oregon Health Authority officials said in a release.

The place of public accommodation should refuse service if a person without a disability refuses to wear a mask, officials said. 

A legal analysis by the Oregon State Bar noted the debate over the scope of Brown's authority to require adherence to the OHA guidelines surrounding masks and whether the mask requirement is constitutional in certain circumstances.

"The Oregon Court of Appeals recently denied an effort to stay enforcement of the OHA guidelines," the analysis said. "The Oregon Supreme Court likewise denied an effort to stay the limitations on public gatherings included in Governor Brown’s orders."

Both courts found it within the state's legal authority to issue the orders.

"While extremely broad, the governor’s powers during a state of emergency are not unlimited," the analysis said. "The governor’s emergency powers flow from an act of the Legislature and Oregon law allows the Legislature to vote at any time to terminate a state of emergency."

The Legislature has not done so. 

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodworth@statesmanjournal.com, call 503-910-6616 or follow on Twitter @wmwoodworth.