Stark County resident details court battle over mask mandate

LORAIN — A Stark County resident described his ongoing fight with the courts over mask enforcement to the local TEA party Saturday. Joe Beasley, the owner of Lake Varsity Diner in Lake Township, has been embroiled with the courts over his lack of enforcement on the statewide mask mandate. After his restaurant reopened in July, Beasley said he had a conviction over how to approach the mask mandate. He does not require his employees to wear them, nor his customers. There have been several anonymous complaints made about the lack of masks, which sparked visits from compliance officers late last year. Beasley said a safety and communications policy he created in July — which was rejected by the local health department — forbade staff from wearing masks. He also said one employee had a medical exemption. One employee who lived with her grandmother was permitted to wear a mask. Beasley also said the mask mandate does not apply to him because he is the owner and operator and not an employee. Restaurant employees and patrons have not had the years of experience with masks that doctors and nurses have had, Beasley said. Orders or allergy notifications can be hard to hear with masks, he said. That could lead to an allergic reaction that Beasley said he could be at fault for. His restaurant was also cited for having condiments at the table, which also goes against the statewide policy. Beasley did say that he sanitizes them. After three complaints, Beasley was referred to the Stark County prosecutor, and his case sits in the Stark County Court of Common Pleas. Beasley has tried to move the case into the U.S. District Court, but that request was rejected. Beasley expressed frustration that the complaints have all been anonymous, and said he would like to know the names of the people who complained. Beasley cited several other reasons for not wearing masks, including oxygen deprivation. The World Health Organization and American Lung Association — as well as several studies — have debunked the assertion that wearing a mask lowers oxygen levels. He also said that the U.S. Food and Drug Administration considers masks a medical device, and he believes he cannot require a medical device without a license. After Beasley was referred to the prosecutor, he said a compliance officer showed up once again in response to another anonymous complaint. Beasley claimed the officer didn't have a right to be there, as it was now with the prosecutor. He said he called the police and filed a complaint for harassment, being there without a court order and for criminal trespassing. TEA party members applauded when Beasley said the compliance officer has not returned since. Beasley said that several other restaurants have received violations in the county, and he's unsure why his restaurant was singled out. After The Canton Repository ran an article on Beasley's battle with the courts, he said someone called the diner and cursed them out and told them to wear masks. Beasley said that call probably was provoked by the article. But he also said many people have called and said they now plan to eat there. According to reporting by The Canton Repository, Beasley has asked the U.S. District Court Judge John Adams to reconsider the decision not to hear his case. Another hearing is set for March 1 in the Stark County court, but Beasley said his lawyer is trying to push that out. Contact Laina Yost at (440) 329-7121 or lyost@chroniclet.com.