Brick Contests NJ's Mask Mandate For Farmers Markets

BRICK, NJ — When the Brick Farmers Market opened last weekend for the season, people eagerly stopped by for their first produce and specialties from the vendors.

Some people, however, were frustrated and angry that police officers were enforcing mask-wearing by patrons at the market. Some commented on the township's post about the market saying they wouldn't be back because of the mask mandate.

"I won’t be going back. No masks outside!" one woman wrote on the township's Facebook page.

Many assumed the farmers market mask mandate was a township decision.

On Wednesday, however, Brick Township Mayor John G. Ducey said that wasn't the case. In a letter to the New Jersey Department of Agriculture, he urged state Agriculture Secretary Douglas H. Fisher to rescind an edict Fisher issued April 30 that requires masks for everyone at farmers markets.

The letter from Fisher, addressed to all farmers markets, said: "As we begin to enter the New Jersey Farmers Market season, please note Governor Murphy’s executive orders and CDC guidelines with regards to large outdoor gatherings. Current guidelines indicate that wearing a mask remains in effect as it relates to large outdoor gatherings especially if social distancing cannot be maintained. While it may be appropriate to remove masks while seated and dining or drinking, all farmers, vendors and market customers should continue to wear a mask while at the market regardless of vaccination status."

Ducey said the edict ignores the differences from venue to venue and ignores efforts that have been made in Brick to ensure safety for all who attend the market, stripping the town of any ability to do what is best for its citizens.

"By taking away our right to make the best decision for our town, you are illustrating the disconnect that exists between the people on the ground in the middle of this pandemic — our citizens — and the people who think they know best," Ducey wrote.

Ducey's letter said Brick officials have had "a proven track record of establishing policies and protocols to ensure the public's safety throughout the COVID-19 pandemic."

He also said the township has successfully balanced the needs of social distancing and preventing the spread of the coronavirus with providing services.

"Our thriving senior services and recreation programs adapted their programs to continue to be a vital lifeline for young and old alike who felt isolated alone and afraid in these unprecedented times," Ducey said.

"Last summer, we implemented modified plans so that we could offer summer camp to our Township youngsters, we modified plans to allow public beaches to open and modified plans to host our Farmers Market, which ran successfully for 20 weeks from May through October. Our residents count on us to keep them connected in healthy, productive, safe ways and we have done that," he wrote.

"I urge you to allow each event host make the determination based on state and CDC guidelines, individual event modifications and common sense," Ducey wrote. "Brick Township and other municipalities recognize how fortunate we are to be able to host this event and have no intention of approving behavior that would diminish our commitment to public safety and risk our market's future."

"I feel strongly that 2021 guidelines should be revisited to reflect the tremendous progress we have made as a nation and a state in managing this pandemic," he wrote. "The township's preferred choice is to encourage face masks but to make it optional. In accordance with CDC guidance for Organizing Large Events and Gatherings, we request consideration that each market sponsor make the best determination for their specific event."

The farmers market has changed its hours and its layout to discourage crowds, required masks for employees and vendors, and made accommodations for those who are uncomfortable by providing shoppers to get items for them, and have physical barriers to separate shoppers from products and prevent people from touching items before buying them.

Ducey also said that if the state isn't willing to reconsider the edict, it should provide the staff to enforce it.

"The numbers in Brick Township continue to decline," he wrote. "If you feel confident that global rules are necessary to mandate, then I request you deploy resources to be at our market and explain why you feel they're necessary. Our shoppers have seen first-hand the changes we have made to the Market to ensure their safety. Their support has been unwavering. But when you take the decisions out of our hands with no support, you create distrust and negativity that we find unnecessary and unwarranted."

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