Is Texas messing with retailers?
Photo: H-E-B

Is Texas messing with retailers?

As the expression goes, “don’t mess with Texas,” but retailers are finding they may have little choice. Many retailers found themselves facing a dilemma this week after Gov. Greg Abbott announced that Texas was lifting its mask mandate in the state.

The decision by the governor made the state the largest in the nation to remove its mandate on face coverings. It took many by surprise, considering that Texas remains among the hardest hit states when it comes to the novel coronavirus pandemic and fresh concerns are being raised about four different variants, including those considered more easily spread, that have been discovered in the state by medical researchers.

Retailers have long enjoyed the hands-off approach that Texas takes to business, but this latest action has many wondering if Mr. Abbott and backers of his action have fully considered the situation it puts retail operators in. Many have had to deal with a substantial part of the population who have chosen to disregard the science when it comes to COVID-19, including those who still cling to theories that it is no more deadly than the flu or, worse, that it’s a hoax made up by Democrats and their allies. 

“Tremendous strides have been made in recent weeks lowering the rate of COVID-19 infections and vaccinating seniors and other vulnerable populations, and President Biden’s announcement yesterday that every adult will have access to a vaccine by the end of May is great news,” Jason Brewer, EVP, communications and state affairs, Retail Industry Leaders Association, said in a statement responding to the lifting of mask mandates. “We should not jeopardize this progress with a premature victory celebration.”

Bill Thorne, SVP of communications and public affairs at the National Retail Federation, said retailers have the right to determine and enforce their own policies, including banning customers without masks from entering stores. In July, NRF called on retailers nationwide to establish and enforce mask mandates.

Texas is not the only state that has recently lifted mask mandates. Iowa, Mississippi and Montana also no longer require masks in public places. South Dakota has never implemented a mask mandate despite having one of the worst records when it comes to per capita spread of the disease, associated hospitalizations and deaths.

BrainTrust

"NRF and others are right to back continued masks to protect front-line workers – who are pawns in the optics of the governors."

Bob Phibbs

President/CEO, The Retail Doctor


"Politics and public safety have not mixed well for the past year, and now Texas is upping the ante."

Mohamed Amer, PhD

Independent Board Member, Investor and Startup Advisor


"With Texas’s highly misguided mandate, retailers have a social responsibility to keep their associates and customers safe."

Brandon Rael

Strategy & Operations Transformation Leader


Discussion Questions

DISCUSSION QUESTIONS: Are governors that lift face mask mandates making it easier or harder for retailers to conduct business in light of the current COVID-19 realities on the ground? How do you think retailers operating in these states should respond?

Poll

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Mark Ryski
Noble Member
3 years ago

Now that there is actual national leadership from the federal government on COVID-19 measures, the states should be taking their lead from them. Freewheeling governors, like in Texas, are making it more difficult for retailers who are trying to comply with federal regulations and keep their shoppers and staff safe – the state legislation that loosens restrictions will only exacerbate the problem.

Neil Saunders
Famed Member
3 years ago

What government does and what retailers do are two completely different things. While Texas may have removed a legal mask mandate many retailers – including Target, Starbucks and Kroger – are uncomfortable with this and are still requiring customers to wear masks in their stores. That is their right and customers should respect their rules. Of course, the mixed messaging between state and private businesses is very unhelpful at this point in the crisis.

Dick Seesel
Trusted Member
Reply to  Neil Saunders
3 years ago

Neil, unfortunately I just read in the Houston Chronicle that Kroger (along with H-E-B) will no longer require customers in Texas to wear masks, even though it will be required of store employees.

Dr. Stephen Needel
Active Member
3 years ago

Retailers should see this as an opportunity to step up. Ignore the Governor, enforce mask rules, and make sure shoppers know you’re doing it for their health.

Bob Phibbs
Trusted Member
3 years ago

This is a throwback to the spring when conscientious retailers were adopting a “no mask, no entry” policy. With no national or state policy, now retailers can be bullied. NRF and others are right to back continued masks to protect front-line workers – who are pawns in the optics of the governors.

Gene Detroyer
Noble Member
Reply to  Bob Phibbs
3 years ago

“With no national or state policy, now retailers can be bullied.” AND THEY WILL BE!

Peter Charness
Trusted Member
3 years ago

As a retailer, good luck trying to enforce a store-only mask mandate in Texas when the governor has said it’s not needed. Without commenting on the wisdom of the governor’s decision (OK I have to, the word “wisdom” shouldn’t even be in the same sentence as his move) it puts the retailers who want to enforce mask mandates in-store in an impossible and potentially dangerous situation.

Zel Bianco
Zel Bianco
Active Member
3 years ago

It was completely irresponsible for the governor to do what he did. Retailers and their workers will be left holding the bag. How are they supposed to close this gap left open by their elected officials? There will be many conflicts that will need to be resolved in-store and that is unfair.

Dave Bruno
Active Member
3 years ago

We’ve already seen how much more challenging it can be for store personnel to enforce mask “rules” versus enforcing mask “laws.” Politicians in Texas are risking countless lives and making many lives more difficult with this decision.

Richard J. George, Ph.D.
Active Member
3 years ago

Mask wearing should be a health and safety issue, not a political issue. Front-line workers have worked tirelessly throughout the pandemic and have suffered more than most. They need to continue to be protected. Unfortunately, empathic retailers will be caught in the crossfire.

Shep Hyken
Active Member
3 years ago

The retailer has the right to enforce whatever rules they deem necessary for the safety of their employees and customers. If that means wearing a mask (and practicing other precautions such as social distancing, limiting number of customers in store, etc.), then that is their choice.

Suresh Chaganti
Suresh Chaganti
Member
3 years ago

Anti-maskers are not a protected class. So retailers are perfectly within their rights to establish a “no mask, no service” policy. Ideally it should be the government mandating this, so that retailers don’t have to make decisions that impact public health. But the unfortunate reality is, masks have deeply divided the public. Even in my neighborhood on NextDoor in suburban Illinois – a democratic, mask-supporting community — the opinions are very polarized.

Georganne Bender
Noble Member
3 years ago

Tremendous strides may have been made in recent weeks to lower the rate of COVID-19 infections but that doesn’t mean the virus is gone. The decision to act as if the pandemic has ended is irresponsible.

No mask mandates will make it hard on retailers. Big Box stores that require masks will have better luck than smaller chain stores and independents. Retailers that require masks have been put in the tough position of enforcing store policy; we have already seen violent acts against front-line employees over masks when states deem they are mandatory. I am concerned for peoples’ safety and I am sad that the country may lose the healthy momentum we have worked so hard to gain.

Dick Seesel
Trusted Member
3 years ago

Retailers with mask policies are likely to continue them in Texas (and nationwide) for the next several months. However, they’re now back in the uncomfortable position of confronting customers who refuse to comply because of a perceived “free pass” from Gov. Abbott. The ugly scenes we saw last spring and summer are going to happen again, compounded by the “COVID fatigue” that we are all feeling.

The bigger risk to retailers and restaurants is the chance that cases, hospitalizations and deaths will start to climb again in Texas and elsewhere. This will not only undo a lot of the progress being made by vaccinations, but will also lead to yet another round of closures. It doesn’t need to happen, and I hope other politically ambitious governors can restrain themselves for a little longer.

Jeff Sward
Noble Member
3 years ago

This move by Texas is premature at best. It’s irreponsible in light of everything we now know. So now the retailers have to be the “bad” guys and enforce their own mask and social distancing policies. I’m sure businesses could started a broader opening profile if there were an “and” involved. Open “and” wear a mask. Open “and” practice appropriate social distancing for restaurants. It’s extremely unfortunate that science and economics are at odds with one another here.

Brian Cluster
Member
3 years ago

Unfortunately, retail has become a theater for those who want to espouse their political views. Retailers have a right to set reasonable rules for safety and conduct and should continue to execute these rules until we reach herd immunity. This latest change in policy will certainly make it harder for retailers to enforce mask wearing and, unfortunately, will bring more chaos into the aisles. We should honor our retail front-line workers, not harass them for doing their jobs.

DeAnn Campbell
Active Member
3 years ago

The burden of social and economic change today weighs heavy on the shoulders of retailers because government partisanship blocks all progress. Voting is such a slow process to enact change, it feels faster to simply shop with the retailers who do the right thing, be it mask wearing, equal opportunity or environmental protection. This puts retailers in a tough spot – deciding which customers to win in a country that is almost split down the middle. I think we are going to see more retailers exit states that make it too difficult to straddle a middle line – especially when it comes to mask wearing, where everybody needs to do it to be effective. I get the concern Texas has for struggling businesses, but the struggle will remain with shoppers afraid of anti-maskers. Remember the Alamo – standing ground was noble, too many died.

Gene Detroyer
Noble Member
3 years ago

We have discussed many times the challenges front-line employees have with customers who refuse to follow mask guidelines. The governor’s decision will only make it harder and more contentious. It will not be long before a retail worker is hurt by a non-complying customer.

Mohamed Amer
Mohamed Amer
Active Member
3 years ago

Politics and public safety have not mixed well for the past year, and now Texas is upping the ante. Going all in to boost the state’s economy and return to social normality is commendable if you control the virus’s spread and most of your citizens are vaccinated. Otherwise, the governor is shifting the limelight from the failures over the great freeze to announcing the state’s opening on Texas Liberation Day. Retailers going against the state’s bully pulpit face the difficult task of doing right by their customers and employees at the risk of verbal abuse, if not actual assault. The politics of popularity can be dangerous.

Harley Feldman
Harley Feldman
3 years ago

Retailers are free to implement their own rules in their stores regardless of the state mandates. The only pressure they will get is from their customers who know the mask mandate was lifted in their state.

Retailers should respond as they always should do – they should listen to their customers. If the customer is comfortable without a mask in the store, in a state where the mask mandate is lifted, the retailer should allow them in without a mask. If the customer prefers a mask, they can wear one. The retailer can also require all of its employees to wear a mask if it so chooses.

I just looked at the CDC data from South Dakota. Since the beginning of the pandemic, the seven-day average of new cases in the state peaked at 1,513 last November, one of the lowest numbers for any state.

Dick Seesel
Trusted Member
Reply to  George Anderson
3 years ago

You are correct, George, per the stats published daily in the New York Times. The only state with higher per capita cases is North Dakota. Right now South Dakota is the middle of the pack in terms of 7-day average; Texas is ranked #8 in the past seven days and the full effect of “sheltering where you can” during recent power outages is likely to get worse.

Harley Feldman
Harley Feldman
Reply to  George Anderson
3 years ago

I did make one mistake. The data is the 7-day rolling average of cases per 100,000 population so it is normalized. The 7-day rolling average of new cases per 100,000 population in South Dakota peaked at 1,513 on November 6, 2020. The rate has steadily declined since that day to a current 158 per 100,000.

Bob Amster
Trusted Member
3 years ago

Texas is the Lone Star State marching to its own (lone) drumbeat. Retailers are rightly concerned about the health, well-being, and physical safety of their employees. If one follows the science (and most retailers are), you follow all of the CDC guidelines. The latest lifting of restrictions appear on paper to fly in the face of the CDC guidelines. The retailers will win this argument but there will be incidents. Remember that Texas is an open-carry state full of people who resist adamantly being told what to do, even if it’s for their own good.

Paula Rosenblum
Noble Member
3 years ago

Oh, Abbott and the Mississippi governor (can’t remember his name) are just trying to distract from the disastrous power grid failures and lack of water that persists even now. So, citizens — so what if you can’t take a shower. Go to a restaurant!

It’s playing politics with people’s lives but, sadly, that’s what we’ve come to. Retailers should stay the course, for their front-line workers if nothing else.

Brandon Rael
Active Member
3 years ago

One of the biggest challenges during the pandemic has been the inconsistent policies across different states. Now that we have federally mandated CDC COVID-19 guidelines, state governments should comply and ensure the workforce’s safety and do what they can to help contain the virus’s spread.

Unfortunately, retail stores have become such politically polarizing contentious battlegrounds, as each company has every right to enforce mask wearing and social distancing guidelines. With Texas’s highly misguided mandate, retailers have a social responsibility to keep their associates and customers safe. Considering the polarizing nature of how people view these viruses, we should expect plenty of viral TikTok and Twitter video posts of people arguing with store associates about their right not to wear masks.

Cathy Hotka
Trusted Member
3 years ago

COVID-19 has posed a national IQ test: are you smart enough to avoid getting sick? The fantasists who want to tell you that the pandemic is over are delusional and shouldn’t negate the good work being done by cautious retailers.

Gary Sankary
Noble Member
3 years ago

I’m very proud of our industry. For the most part, national retailers instituted mandatory face mask policies before they were compelled to by local governments. Kroger has already announced that in Texas, their stores will require a mask even after the the Governor’s restrictions are lifted. Kudos to them, I expect others to follow. Sadly this will bring a lot of unneeded grief for front-line workers. However it is the right thing to do. The message is simple: “we care about you and your family.”

storewanderer
storewanderer
Member
Reply to  Gary Sankary
3 years ago

Walmart has said they will require masks but they will not approach or question or deny service to any customer who does not want to wear one. And whether or not the store provides masks to customers is up to the store. So that is that.

Kroger has a similar policy to the above as well. However, I have seen some Kroger locations that have masks at entry, others that do not, and was told their policy is not to provide masks.

So basically-neither company wants to provide masks to customers who don’t have a mask.

Mask requirement is effectively over in Texas unless retailers opt to provide masks upon entry (like Whole Foods).

Companies can say they “require” masks but the real world is much different. Retailers who are serious about this provide masks at the entry to anyone who tries to enter without one.

Steve Montgomery
Steve Montgomery
Member
3 years ago

There is no question that this makes it harder for retailers in Texas to mandate their customers must wear a mask to shop in their stores. It adds tremendously to the burden placed on retail workers who are expected to enforce mask wearing where they work.

I expect we will see more ugly videos about confrontations between customers and employees over this issue. I also believe this will contribute to higher employee turnover. For those customers who are mask wearers it will drive them to shop using one of the growing number of ways that does not require entering a store.

Lee Peterson
Member
3 years ago

Purely a political distraction to get the eyeballs off the governor’s disastrous failure to provide the basics, like electricity and water, to millions of his own constituents. It’s the old, “hey, look over here!” Really dumb, IMO — we’ve come this far, what’s the rush?

Richard Hernandez
Active Member
3 years ago

I live in Texas and I don’t think this is a political thing for no reason other than it is the largest state thus far to relax mask mandates. Florida and other states did this before Texas – and I don’t remember seeing the press make a big deal about it. It will hopefully save some of the restaurants and other businesses barely surviving day to day. The misconception here is that the governor didn’t give the citizens a choice — if polls are correct, most people will be continuing to wear masks even when they have been vaccinated (as will I). Most retailers and restaurants have also said they will continue require employees to wear masks and ask customers to continue to do the same. The other thing that was removed was the ability to jail or arrest people not wearing masks at a time where people had limited or no income. I never understood this rule. Will there be issues with people not wanting to wear masks in a retail store that is still requesting customers to wear a mask? Absolutely, but I believe it will be less confrontational than in the beginning of the pandemic. Texans are rational people and given the choice, I believe most will continue to wear masks, socially distance and wash their hands. The few that choose not to do not represent the many citizens of the state.

Richard Hernandez
Active Member
Reply to  George Anderson
3 years ago

Hi George, Gov. Abbott had originally planned to announce the change the week of the cold weather event and before CPAC. I don’t know if that would made a difference or not — the whole power grid thing was a disaster and unfortunately the governor, ERCOT (the CEO was fired last night), and local city/county officials will need to answer to the public about how one of the largest states in the country can’t keep power on when its citizens needed it the most.

You are correct on the coverage — it just seemed to be a pile-on yesterday in the national news (I understand why it would be).

I am still hopeful that the what we saw earlier in the pandemic in regards to mask compliance will be more cooler heads prevail. Many of the businesses have said they will even continue to provide masks if customers need one. At the end of day, unfortunately, it is a political football with either party making plays to make points with their constituents.

storewanderer
storewanderer
Member
Reply to  George Anderson
3 years ago

Let’s see if 87% are still wearing the masks when it is optional. I suspect it will be about 50% in the larger areas and about 15% in the rural areas.

I know of a town in rural Northern California where the Walmart had less than 50% of shoppers wearing masks the 3 times I was there late last year. Another retailer there, a Marshalls with less than a dozen customers inside shopping, had 2 employees at the door to do mask enforcement. This particular town had no COVID cases at first then started getting some cases, fairly typical rural town case activity. Last time I was there the nearby Rite Aid was “closed for cleaning” that day. I suspect we know what that means.

Gene Detroyer
Noble Member
Reply to  Richard Hernandez
3 years ago

Hmmm. We have spikes. We have variants popping up all over. The President wants universal mask usage. Not a political thing?

storewanderer
storewanderer
Member
3 years ago

Retailers in Texas can absolutely continue to require customers to wear masks if they want to. They simply provide the mask to the customer upon entry to the store. No mask — no service. No different than before. Trespass out the customer if they become disorderly.

Various states are in the process of ending mask mandates and other state-level COVID-related rules. Nevada for instance has announced all state level mandates (including the mask mandate) are gone as of May 1. However there could still be local level mandates after that.

In a number of rural areas especially in California there has been rather limited implementation and enforcement of these mask rules to begin with.

Now we will see if they make cases spike back up in Texas again as a result of this.

Kai Clarke
Kai Clarke
Active Member
3 years ago

This is clearly a foolish situation that Texas is putting retailers and its citizens into by challenging clearly communicated logic and science regarding the spread and growth of Covid-19, when they lift all mask requirements, social distancing, etc. This decision of Texas is contrary to the CDC, NIH, WHO, and every other science-based organization that has access to disease experts who have formed clear rules on social management in order to manage Covid-19, and has shown that it is working in just the last few months!

storewanderer
storewanderer
Member
3 years ago

I also don’t understand all of the negativity towards Texas here when there are many other states that had already lifted their mask mandates or never had one to begin with. I understand the folks’ concerns who like to see everyone in masks and think it makes people safer, but if you are going to pile the hate onto Texas you should also pile it onto Florida, Arizona (who never had a mask mandate in the first place), Idaho, and various other states who either never required masks to begin with or lifted their mandates already.

You still need to keep your distance from people. Now keep even more of a distance with the mask requirement going away. And at least mask requirements by law are continuing in places with close confinement like airplanes.

Ricardo Belmar
Active Member
3 years ago

This is clearly a political decision, likely meant to distract from the recent weather-related disasters in Texas that unfortunately affected so many of the state’s citizens. Ending a mask mandate now is the epitome of taking a victory lap around the stadium with 2 minutes left on the clock, and your opponent driving the ball downfield. Sure, conditions are improving and we’ve received great news about vaccine production. That doesn’t mean you just walk off the field and declare an early victory. It’s irresponsible, and it creates a dangerous situation for retailers and other businesses.

This decision will make it more difficult for retailers to enforce mask use in their stores or any social distancing for that matter. We saw in the spring of last year how retail associates were forced to deal with unruly customers — many times resulting in injury. I hope retailers will continue to do the right thing, follow the science, and enforce masks as best they can for everyone’s benefit.

Liz Crawford
Member
3 years ago

The governors who are lifting the mask bans are only paving the way for ugly clashes in retailers (who require them) and among citizens in general. Not everyone is vaccinated yet. New, more contagious strains are emerging. Retailers need to protect their workers first. Good luck with all that!

Brent Biddulph
Member
3 years ago

As a Texan, here on the ground – it goes further than this. It is clear that politicians (Greg Abbott) are not just messing with retailers and consumers, but more importantly citizens, and lives. This was clearly a political device, not based in any data nor facts – Texas ranks #49 in vaccination delivery, and has all four variants of COVID-19 rampaging in major cities like Houston today.

Shouting and shaming comments (both ways) inside all retail sectors (including restaurants) are already breaking out. However admittedly, and proudly, most citizens here are ignoring Abbott and his shameful political tactics. #gregabbbotfailedtexas