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MARLBOROUGH, MA — Marlborough health officials have visited Apex Entertainment three times this summer following complaints about violations of the state mask mandate. The complaints come on top of a state-ordered shutdown of the arcade at Apex in July.
Health inspectors visited Apex on Thursday after a woman who took her son to Apex this week said she witnessed employees not wearing masks. The woman, who shared her complaint with Patch, said an employee told her the mask policy was “whatever you feel comfortable with.”
Marlborough Health Director John Garside said Apex was in compliance during a daytime visit on Thursday. The department received two previous complaints in July and August, he said.
“Management today posted additional signage advising patrons of the requirement to wear masks, and they have reinforced to their staff the importance of such,” Garside said, noting that visit happened off-peak.
A statewide order went into effect in early May requiring almost all state residents to wear face coverings while in public. Under the order, scofflaws may be fined up to $300 per mask violation.
Apex did not immediately respond to a request for comment about the mask complaints.
In late July, the state Department of Labor Standards ordered Apex to shut down its arcade. At the time, the arcade wasn’t allowed to operate under Gov. Charlie Baker’s phased reopening plan.
Apex owner Robert Walker is among a group of people from Massachusetts suing Baker over the reopening plan. The suit is proceeding in the state Supreme Court.
“The plaintiffs, consisting of businesses, schools, and churches across the state, contend that Gov. Baker cannot define the limits of his own authority or use a pandemic to set himself up as a single-branch lawmaker,” the New Civil Liberties Alliance, the law firm representing Walker and others, said in a news release. “A chief executive also may not pick winners and losers by dispensing with the law to benefit certain groups and disfavor others.”
Coronavirus has receded across the state in the summer months, but thousands of people are still contracting the virus each week. On Aug. 31, the state added 405 new cases, the highest in a single day dating back to July 21.
Due to a local rise in cases, Marlborough was chosen as a site for the state’s Stop the Spread free testing program in early August. Marlborough is still considered a “moderate risk” community for virus transmission, according to the state Department of Public Health.
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